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Employer Liable for Award Despite Worker's Later Exposure to Coal Dust at Different Job

Monday, December 9, 2024 | 0

The West Virginia Supreme Court ruled that a worker was entitled to benefits for his occupational pneumoconiosis from the employer that was not the last to expose him to coal dust. Case: Mission Coal Co. LLC v. Dempsey, No. 23-337, 11/26/2024, published. Facts: William Dempsey worked for Mission Coal Co. LLC. from 2012 to 2018. He had worked in other mines before taking a position with Mission. Dempsey was diagnosed with occupational pneumoconiosis in March 2019. Procedural history: Dempsey filed a workers’ compensation claim. An adjuster for Mission’s insurance carrier de...

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