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Case 1:20-bk-12043 Doc 621D Filed <br /> 02/24/21 <br /> Page 11 Entered <br /> 02/24/21 14:52:42 Desc Main <br /> Cole's injuries setting forth opinions and information on: (I) The person's knowledge and <br /> expertise of the applicable workplace safety statutes, rules, regulations and consensus <br /> industry safety standards;(11)The specific unsafe working condition(s)that were the cause <br /> of the injuries to Kenneth Cole that is the basis of this Complaint; and (III) The specific <br /> statutes rules, regulations or written consensus industry safety standards violated by the <br /> Defendant that are directly related to the specific unsafe working conditions. <br /> 13. Notwithstanding the existence of the specific unsafe working conditions, the <br /> knowledge of the Defendant,and applicability of the unsafe working conditions to the duties <br /> i <br /> required of Kenneth Cole,Defendant nevertheless intentionally exposed him to the specific ' <br /> unsafe working conditions described herein. <br /> I4. Asa proximate result f t p a o he conduct of the Defendant, as described herein, 1 <br /> Plaintiff Kenneth Cole suffered serious compensabie injuries as defined in section one, <br /> article 'tour,chapter twenty-three of the West Virginia Code as a direct and proximate result <br /> of the specific unsafe working condition. These injuries include, but are not limited to, c <br /> i <br /> severe and permanent injuries to various parts of his body, including cognitive impairment, <br /> amongst other injuries. It is expected that these injuries will result in a permanent physical <br /> 3 <br /> and/or mental injury and/or a combination of physical and psychological injuries rated as a <br /> i <br /> total whole person impairment level of at least thirteen percent (13%) as a final award in <br /> {i <br /> S <br /> Kenneth Cole's workers' compensation claim and are personal injuries which cause <br /> permanent loss or significant impairment of function of any bodily organ or system,or result <br /> C <br /> �i <br /> in objectively verifiable bilateral or multi-level dermatomal radiculopathy; and are not <br /> 1 <br />