West Virginia’s Intermediate Court of Appeals upheld an award of benefits to a worker’s widow for a fatal fungal infection in his brain.
Case: Blackhawk Mining LLC v. Banks, No. 24-ICA-357, 02/28/2025, published.
Facts: Timothy Banks Jr. worked for Blackhawk Mining LLC as a surface mine blaster.
Starting in May 2022, Banks suffered a progressive decline in memory, brain frog and seizure activity. Imaging studies revealed a left parietal brain mass, and Banks underwent a craniotomy for resection of the mass on June 3, 2022.
Following a biopsy of the mass, Banks was diagnose...
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