A woman who became ill as a result of exposure to toxic heavy metals while working to restore furniture for a large chain store was recently awarded compensation for necessary treatments at her doctor’s office.
In Moore v. K-Mart Corp., the West Virginia Supreme Court took the unusual step of declaring a law invalid for its direct contravention to the underlying purpose of state workers’ compensation benefits law.
The primary issue was not whether the illness was work-related. No one disputed it. The issue was not the extent of injury. All agreed it was severe. In fact, no one even argued the treatment she was receiving wasn’t medically necessary or reasonable. The core of the dispute was the place in which she was receiving this particular type of treatment.
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