The West Virginia Supreme Court upheld a finding that a worker’s widow was entitled to benefits for his death because his cancer was materially related to his occupational pneumoconiosis.
Case: Alliance Coal LLC. v. Buser, No. 22-573, 03/20/2024, published.
Facts: William Buser worked for Alliance Coal LLC. In September 2018, he was diagnosed with an advanced esophageal adenocarcinoma. He already had been diagnosed with occupational pneumoconiosis, and in 2014, he was assessed as having a 15% impairment attributable to it.
In October 2018, Dr. Kevin J. Shannon noted that the adva...
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