High Court Unanimously Denies Coal Miner Increased PPD for Occupational Pneumoconiosis

The West Virginia Supreme Court unanimously upheld a determination that a coal miner was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Dodd v. Consolidation Coal Co., No. 21-0365, 09/19/2022, published. Facts and procedural history: Joseph Dodd worked as a coal miner and prep plant worker. He eventually developed occupational pneumoconiosis. In 1991, a claims administrator for Dodd’s employer granted him a 15% permanent partial disability award for occupational pneumoconiosis. In 2013, the Occupational Pneumoconiosis Boar...