The West Virginia Supreme Court overturned an award of benefits to an injured worker, finding that additional evidence was needed to establish whether his preexisting conditions created an ascertainable impairment.
Case: Barker v. Rescare, No. 22-0078, 11/26/2024, published.
Facts: Jerrald Barker worked for Rescare. He injured his back at work in March 2018.
Rescare’s insurance carrier accepted liability for a back strain and lumbar intervertebral disc disorder.
Dr. Marsha Bailey examined Barker in August 2019 and assigned Barker a 7% impairment rating.
Dr. Bruce Guberman examined B...
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