Lack of Affirmative Pneumoconiosis Diagnosis Doesn't Prevent Miner From Receiving Benefits

The U.S. 4th Circuit Court of Appeals ruled that a longtime coal miner was entitled to an award of black lung benefits, even though no doctor has affirmatively diagnosed him with pneumoconiosis. Case: West Virginia CWP Fund v. OWC, No. 16-2453, 01/26/2018, published. Facts and procedural history: Lonnie Smith worked as a coal miner for more than 30 years. He retired in 2003 because his shortness of breath and other ailments were impairing his ability to complete the heavy manual labor demanded by the job. In November 2010, Smith filed a claim for black lung benefits. An administrative ...