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Supreme Court Denies Increase in Worker's Award for Occupational Pneumoconiosis

Friday, November 3, 2023 | 0

The West Virginia Supreme Court ruled that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Rexroad v. West Virginia Office of Insurance Commissioner, No. 22-0115, 10/19/2023, published. Facts: Glenn Rexroad Jr. developed occupational pneumoconiosis and was granted a 15% permanent partial disability award in March 2003. He was granted an additional 5% award in July 2008. In July 2013, the Occupational Pneumoconiosis Board found sufficient evidence to justify 25% impairment due to occupational pneumoconiosis, and Rexroa...

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