Court Finds Worker's Successive Occupational Pneumoconiosis Claim Timely

The West Virginia Supreme Court unanimously ruled that a worker’s successive claim for occupational pneumoconiosis, filed nearly four years after his last harmful exposure, was timely. Case: Argus Energy LLC v. Marenko, No. 21-0209, 05/01/2023, published. Facts: Clifford Marenko worked at Argus Energy LLC until the company shut down in December 2013. Since then, he has not had any occupational exposure to coal dust or silica. Procedural history: Before leaving Argus, Marenko filed the first of two claims for occupational pneumoconiosis. Marenko was granted a 10% permanent partial disa...