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The Supreme Court states that repeated damage is not compensable



The Supreme Court of Appeal of West Virginia overturned and revoked earlier rulings on Tuesday that an injured mechanic's repeated injury to his right wrist was compensable.

Charles Rollins, a diesel mechanic at Ramaco Resources Inc., filed a claim for work injury compensation after he injured his right wrist at work in April 2018. Ramaco questioned the substitutability of the claim because Mr. Rollins had broken the same wrist in his home in January of that year and only recently returned to work, according to documents. in Ramaco Resources, Inc. v. Rollins, filed with the Supreme Court of Appeals in West Virginia, Charleston.

Medical records show that Mr. Rollins suffered an acute distal radial fracture on his right wrist in January 201

8. Subsequent x-rays indicated routine healing and Mr. Rollins was approved to return to work on April 9, 2018, without restrictions. He suffered a second wrist injury on April 20 when he loosened a bolt with a latch on a piece of heavy equipment, according to documents. , and the West Virginia Board of Review upheld that decision.

In his appeal to the state Supreme Court, Ramaco claimed that the Board of Auditors had committed "manifest errors" and that the vast majority of the evidence showed that Mr. Rollins only aggravated his pre-existing, non-compensable injury that had not healed. When reviewing Mr. Rollin's medical records repeatedly determined that he had not suffered a second injury but had "aggravated a previous fracture of his right wrist." Physicians also noted that the X-rays revealed osteopenia, which was not reimbursable.


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