A divided West Virginia Supreme Court upheld a denial of permanent total disability benefits to a former coal miner with a history of multiple injuries and occupational pneumoconiosis.
Case: Thomas v. Parsley Enterprises Inc., No. 19-0558, 07/31/2020, published.
Facts and procedural history: Richard Thomas worked as a coal miner. In November 2015, he filed an application for permanent total disability benefits.
On the application, Thomas listed his prior permanent partial disability awards as 0.5% for the left hand and fourth and fifth fingers, 3% for the lumbar spine, 15% for occ...
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