High Court Upholds Denial of Miner's Request to Increase Award

The West Virginia Supreme Court unanimously upheld a denial of a coal miner’s request to increase his pulmonary impairment award. Case: Rogers v. Murray American Energy Inc., No. 21-0409, 09/19/2022, published. Facts: Donald Rogers Sr. worked as a coal miner and was exposed to dust hazards for 41 years. He also smoked five pipe bowls of tobacco a day for 30 years. In 2000, the Occupational Pneumoconiosis Board determined he had a 10% pulmonary impairment. Rogers was awarded a 10% permanent partial disability award. Rogers continued to work in the mining industry and subsequently reti...