West Virginia Supreme Court

William L. Gill, Claimant Below, Petitioner v. City of Charleston, Respondent Below, Respondent

February 10, 2016236 W. Va. 737

Summary

The court affirmed the Board of Review’s decision refusing to add four preexisting back conditions to the claimant’s compensable injury claim. It held that the claimant failed to present medical evidence that the work injury aggravated those conditions and that a noncompensable preexisting condition does not become compensable merely because it is aggravated by a compensable injury; only a distinct new injury resulting from that aggravation may be compensable.