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Board's Insufficient Analysis Leads to Vacatur of PPD Award

Friday, February 20, 2026 | 0

West Virginia’s Intermediate Court of Appeals vacated an award of permanent partial disability benefits to a miner because of deficiencies in the Board of Review's analysis. Case: Bolen v. Brooks Run South Mining LLC, No. 25-ICA-236, 02/03/2026, published. Facts: John Bolen worked as an underground coal miner for more than 40 years. In July 2014, the Occupational Pneumoconiosis Board determined that Bolen had a 10% impairment due to occupational pneumoconiosis. A claims administrator for Brooks Run South Mining LLC's insurance carrier issued Bolen a 10% pe...

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