Due to changes in the workers’ compensation case review procedure, the majority of the West Virginia Supreme Court remanded a FedEx employee’s case to determine when his acromioclavicular joint arthritis symptoms ceased before his compensable injury occurred.
Kevin McCune filed a workers’ compensation claim for an upper back injury he sustained while exiting a truck in January 2017. The claims administrator reject the claim days later, but the Workers’ Compensation Office of Judges reversed the decision in June 2018, though limiting the compensable diagnosis to the thoracic spine, according to the West Virginia Supreme Court’s majority opinion filed Oct. 18.
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