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Supreme Court Upholds Expansion of Worker's Claim to Add Shoulder Injury

Monday, August 26, 2024 | 0

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for Blackhawk Mining LLC. He established a workers’ compensation claim and later sought to have a right rotator cuff tear added as a compensable condition. Procedural history: A claims adjuster for Blackhawk’s insurance carrier denied the addition of a right rotator cuff tear as a compensable condition and denied authorization for physical therapy to treat that condition. Th...

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