The West Virginia Supreme Court unanimously upheld a denial of a coal miner’s request to increase his pulmonary impairment award.
Case: Rogers v. Murray American Energy Inc., No. 21-0409, 09/19/2022, published.
Facts: Donald Rogers Sr. worked as a coal miner and was exposed to dust hazards for 41 years. He also smoked five pipe bowls of tobacco a day for 30 years.
In 2000, the Occupational Pneumoconiosis Board determined he had a 10% pulmonary impairment. Rogers was awarded a 10% permanent partial disability award.
Rogers continued to work in the mining industry and subsequently reti...
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