The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone a lung transplant that improved his functioning while the claim was pending.
Case: Rockspring Development Inc. v. Brown, No. 22-0135, 06/11/2024, published.
Facts and procedural history: Randy Brown was a coal miner for more than 38 years. After he developed occupational pneumoconiosis, he applied for workers’ compensation benefits.
A claims administrator for the employer’s i...
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