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Tag Archives: Workers’ Compensation

Pre-existing condition can be used in evaluating impairment (access required)

Although the commission had previously concluded the employee’s right-knee injury was attributable to a compensable injury, the commission could still consider the employee’s pre-existing condition in evaluating the degree of impairment. Background On March 2, 2009, claimant injured her left ...

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Depression not causally related to workplace injury (access required)

An employee was properly denied workers’ compensation benefits where she was unable to demonstrate that her psychological and physical diagnoses were related to the injuries she suffered in a workplace accident, and she failed to sufficiently demonstrate her efforts to ...

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Court does not second-guess credibility determination (access required)

An employer who argued the employee’s testimony was inherently incredible lost on appeal because the court does not second-guess credibility determinations made by the commission. Background On May 12, 2017, claimant was employed as an “outside plant tech” for employer. ...

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Coal company’s carrier liable for employee’s black lung benefits (access required)

Where an insurance company first began providing coverage for a coal company one day before a miner resigned from the company, and the miner was first diagnosed with legal pneumoconiosis approximately one month later, the insurance company was liable for ...

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Workplace accident exacerbated preexisting injury (access required)

An employee was entitled to workers’ compensation benefits where he suffered a lower back injury during a workplace accident that exacerbated his preexisting back pain because the employee’s actions during the accident did not constitute a willful violation of a ...

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