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DUFF v. KANAWHA COUNTY COMMISSION

No. 23-43.

DAVID DUFF, II, Petitioner, v. KANAWHA COUNTY COMMISSION, Respondent.

Supreme Court of Appeals of West Virginia.

Filed April 22, 2024.

Attorney(s) appearing for the Case

William B. Gerwig, III, Esq. , Charleston, West Virginia, Counsel for the Petitioner.

Charity K. Lawrence, Esq. , H. Dill Battle, III, Esq. , Spillman Thomas & Battle, PLLC, Charleston, West Virginia, Counsel for the Respondent.

JUSTICE BUNN concurs in part, and dissents in part, and reserves the right to file a separate opinion.

When an employee is injured in the course of and resulting from his or her covered employment, the employee is ordinarily entitled to workers' compensation benefits to compensate him or her for the disability related to the work-related injury. Sometimes, though, the employee has a preexisting condition unrelated to the work...

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