West Virginia’s Intermediate Court of Appeals vacated an award of 0% permanent partial disability to a longtime mine worker, finding the Board of Review failed to adequately consider and analyze the evidence in the claim.
Case: Smallwood v. Brooks Run South Mining LLC, No. 25-ICA-225, 02/03/2026, published.
Facts: Terry Smallwood filed a workers’ compensation claim, asserting he had 41 years of exposure to the hazards of occupational pneumoconiosis, ending with his employment with Brooks Run South Mining LLC.
Dr. Daniel Doyle signed a report confirming that Smallwood had occupat...
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