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Supreme Court Upholds Denial of Benefits to Widow of Worker With Pneumoconiosis

Friday, January 21, 2022 | 0

The West Virginia Supreme Court upheld a denial of benefits to a worker’s widow, finding the man had occupational pneumoconiosis, but the condition did not materially contribute to his death. Case: Ash v. Glaspell Lumber Co. Inc., No. 20-0607, 01/11/2022, published. Facts: Roy Ash was a plant worker for 44 years, during which time he was exposed to hazardous dust. A computed tomography scan of his lungs taken in April 2015 showed findings suggestive of pulmonary fibrosis. There were no acute infiltrates or pulmonary fibrosis nodules. Dr. Johnsey Leef reviewed Ash’s chest X-rays...

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