A divided West Virginia Supreme Court ruled that the widow of a longtime coal miner was not entitled to benefits because she failed to prove that occupational pneumoconiosis was a material contributing factor in his death.
Case: Karickhoff v. West Virginia Office of Insurance Commissioner, No. 19-1036, 12/11/2020, published.
Facts: Dale Karickhoff worked as a coal miner for 35 years. He underwent an examination by the Occupational Pneumoconiosis Board in 1986 and was found to have 50% impairment due to occupational pneumoconiosis.
Karickhoff was re-examined in 1987 and was found to have 60%...
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