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Worker Gets 0% Award for Occupational Pneumconiosis

Thursday, November 7, 2024 | 0

West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster underwent pulmonary function testing in May 2021. The treating doctor reported there were no classifiable parenchymal abnormalities and no pleural abnormalities. The doctor also indicated that there was a coalescence of small opacities, bullae, and emphysema. He said there was no evidence of pneumoconiosis opacities in the lung fields. In Augu...

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