Risk & Insurance online article – April 26, 2024

In a powerful decision that reinforces protections for injured workers, the West Virginia Supreme Court of Appeals has ruled that employers must meet a higher burden of proof when attempting to reduce a disability award due to preexisting conditions.

This game-changing case—David Duff II vs. Kanawha County Commission—centers on a Deputy Sheriff injured on duty in June 2020, who was initially awarded 25% whole person impairment. However, the West Virginia Workers’ Compensation Board of Review (BOR) and Intermediate Court of Appeals (ICA) tried to apportion his Permanent Partial Disability (PPD) award, cutting it to just 13% based on an alleged preexisting condition.

But the state’s highest court wasn’t having it.

What the Court Decided

The Supreme Court held that it’s not enough for employers to merely cite a preexisting condition. Instead, employers must:

• Prove the claimant had a measurable impairment before the work injury.

• Show exactly how much of the current impairment is due to that preexisting condition.

• Use credible medical evidence with sound reasoning and analysis.

In Duff’s case, the Court found that the employer’s medical report was arbitrary and lacked probative value. It failed to explain how much of Duff’s injury was due to the older condition versus the new, work-related one.

As a result, the Court reversed the ICA’s decision and ordered an additional 12% PPD, restoring Duff’s full 25% disability award.

Why This Ruling Matters

This ruling is a big win for injured workers across West Virginia—especially first responders like Deputy Duff. It sends a clear message:

Employers can’t shortchange injured workers just by pointing to vague medical history. They must prove it—clearly and thoroughly.

What RescueMeds Patients Should Know

At RescueMeds, we work every day with patients fighting for fair treatment in the workers’ comp system. This case highlights a few critical takeaways:

Medical evidence must be clear and specific – vague references to past injuries shouldn’t lower your benefits.

Workers have rights – and court decisions like this one protect them.

Your care matters – we support our patients with fast, hassle-free prescription access, no matter how hard the insurance companies push back.

If you’re a patient, doctor, or attorney involved in a workers’ comp claim, RescueMeds is here to help.

• Same-Day Prescription Delivery
• Access to Medical Records & Case Status
• Expert Oversight by Doctors of Pharmacy
• Contact us today or log into the RescueMeds Portal to simplify your case and focus on healing.