Worker Seeking Pneumoconiosis Benefits Fails to Prove Abnormal Dust Exposure

West Virginia’s Intermediate Court of Appeals upheld the denial of benefits for a worker’s occupational pneumoconiosis, finding he did not establish that he was exposed to abnormal quantities of dust during the course of and resulting from his employment. Case: Kessler v. West Virginia Paving Inc., No. 25-ICA-275, 02/06/2026, published. Facts: Joseph Kessler worked as a section boss in a coal mine for Carbon Fuel from 1975 to 1982; as a miner operator for Terry Coal from 1986 to 1987; as a motor man in a coal mine for Gauley Mine Services from 2001 to 2002; and as a rock qua...