The Supreme Court of West Virginia unanimously upheld the denial of a worker’s application for occupational pneumoconiosis benefits after years of working at strip mines and in road construction.
Case: Duffield v. Kokosing Construction Co., No. 21-0481, 09/19/2022, published.
Facts and procedural history: Gary Duffield filed an application for occupational pneumoconiosis benefits in January 2020. In his application, Duffield stated that he was last exposed to minute particles of dust in 2008 while working for Kokosing Construction Co. He also indicated that he had never filed an occupa...
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