Legal Opinion

David Duff, II v. Kanawha County Commission (Justice Walker concurring)

West Virginia Supreme Court

Decided April 22, 2024No. 23-43Separate

1Opinion of the Court

No. 23–43, David Duff, II v. Kanawha County Commission. FILED April 22, 2024 released at 3:00 p.m. Walker, Justice, concurring: C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Petitioner David Duff, II, was working as a Kanawha County Deputy Sheriff when he suffered a compensable back injury while lifting a bomb detector robot out of a truck. Medical records show that before sustaining this injury, Mr. Duff received chiropractic treatment for back pain and imaging studies revealed evidence of degenerative disc disease. The claims examiner authorized lumbar fusion surgery;…

2Cases cited6 opinions

  1. Askew v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 1996
  2. Ex parte WatsonWest Virginia Supreme Court · 1918
  3. Osborne v. United StatesWest Virginia Supreme Court · 2002
  4. Rowe v. Sisters of the Pallottine Missionary SocietyWest Virginia Supreme Court · 2001
  5. Giaimo v. Florida Autosport, Inc.District Court of Appeal of Florida · 2014

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