The West Virginia Supreme Court upheld the denial of a worker’s claim for occupational pneumoconiosis benefits but left the door open for him to file a future claim.
Case: Eagle v. Kingston Mining Inc., No. 20-0549, 01/11/2022, published.
Facts: John Eagle Jr. was employed in various positions in the coal industry for nearly 30 years before he retired in 2016. His last employer was Kingston Mining Inc.
In May 2018, Dr. George L. Zaldivar issued a report indicating Eagle had no pleural or parenchymal abnormalities consistent with pneumoconiosis.
Procedural history: In October 2018, Ea...
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