The West Virginia Supreme Court upheld the denial of benefits to four workers suffering from occupational pneumoconiosis over a vehement dissent by one justice who accused the majority of radically rewriting the requirements.
Case: Pennington v. West Virginia Office of the Insurance Commissioner, Arthur v. West Virginia Office of the Insurance Commissioner, and West v. FOLA Coal Co., Nos. 17-1060, 17-1061, 17-1063 and 17-1123, 11/02/2018, published.
Facts: Lester Pennington Jr., Richard Arthur, Robert West and Randy Keffer all worked in the coal industry.
After they were diagnosed...
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