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MOORE v. ICG TYGART VALLEY, LLC

No. 20-0028.

879 S.E.2d 779 (2022)

James A. MOORE, Jr., Claimant Below, Petitioner, v. ICG TYGART VALLEY, LLC, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 28, 2022.

Attorney(s) appearing for the Case

Allan N. Karlin, Esq. , Allan N. Karlin & Associates, Morgantown, West Virginia, Counsel for Petitioner.

Jeffrey B. Brannon, Esq. , Jane Ann Pancake, Esq. , T. Jonathan Cook, Esq. , Cipriani & Werner, PC, Charleston, West Virginia, Counsel for Respondent.

In November 2016, Petitioner James A. Moore, Jr., suffered a compensable injury to his right shoulder, back, and neck while driving a shuttle car in a coal mine operated by his employer, Respondent ICG Tygart Valley, LLC. An MRI performed shortly after this injury showed that Mr. Moore had preexisting cervical degenerative disc...

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