Supreme Court Upholds Denial of Additional PPD for Worker's Occupational Pneumoconiosis

The West Virginia Supreme Court upheld a determination that a worker was not entitled to additional permanent partial disability benefits for his occupational pneumoconiosis. Case: Higginbotham v. Frasure Creek Mining LLC, No. 24-415, 03/19/2025, published. Facts and procedural history: Richard Higginbotham received a 5% permanent partial disability award for occupational pneumoconiosis in 1993. In 2015, Higginbotham filed a claim for additional benefits. The Occupational Pneumoconiosis Board found that Higginbotham had a 15% pulmonary impairment related to OP. A claims administrator for H...