By Steven Wellman of Jenkins Fenstermaker, PLLC posted in Workers' Compensation on Thursday, June 21, 2018.
In a very rare WV workers' compensation rehearing, the West Virginia Supreme Court of Appeals has reversed its earlier decision denying a workers' compensation claim for a secondary injury. In the first opinion, the court determined that the injury was not compensable because it was not work-related. On rehearing, the court withdrew its earlier decision, finding it was based on an inappropriate re-weighing of the facts. The court affirmed the determination by the West Virginia Workers' Compensation Board of Review, which had concluded that when job activity worsens a noncompensable injury, the resulting new injury is compensable.