West Virginia’s Intermediate Court of Appeals overturned the denial of a widow’s claim for benefits, finding the Board of Review had failed to properly analyze the Occupational Pneumoconiosis Board’s conclusion that occupational pneumoconiosis had not contributed to a worker’s death.
Case: Gardner v. Murray American Energy, No. 25-ICA-158, 12/04/2025, published.
Facts: Richard Gardner Sr. spent more than 40 years working in jobs that exposed him to the hazards of dust.
The Occupational Pneumoconiosis Board examined him and issued a report in January 2018 in...
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