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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