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Supreme Court Says Worker Can Reopen PD Claim While Another Is Pending

Monday, November 21, 2022 | 0

The West Virginia Supreme Court ruled that a permanent disability claim can be reopened when another permanent disability claim is pending. Charles Delbert is a former coal miner. During his career, he suffered multiple occupational injuries resulting in a variety of permanent partial disability awards. In July 2014, Delbert was granted a 10% PPD award for occupational pneumoconiosis. Shortly thereafter, Delbert applied for permanent total disability benefits based on the cumulative effect of his various impairments, including the new OP award.   While his PTD claim was still being lit...

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