The West Virginia Supreme Court upheld a determination that a longtime power plant employee was not entitled to an additional permanent partial disability award for his pulmonary issues.
Case: Burgess v. American Electric Power Co. Inc., No. 21-0460, 09/19/2022, published.
Facts: Rodger L. Burgess was exposed to hazardous dust during his 40 years of employment as a power plant employee. On March 26, 2013, he was granted a 10% permanent partial disability award due to occupational pneumoconiosis.
Burgess retired in September 2005.
In February 2018, Burgess underwent pulmonary function studi...
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