West Virginia’s Intermediate Court of Appeals overturned a finding that a worker’s occupational pneumoconiosis claim was untimely.
Case: Markovich v. ACNR Resources Inc., No. 25-ICA-180, 10/24/2025, published.
Facts: Virgil Markovich filed a claim for occupational pneumoconiosis benefits in July 2024.
He alleged that he was exposed to harmful dust during his employment with ACNR Resources Inc. from October 2009 through July 2015.
In his deposition in November 2024, Markovich testified that he had not previously filed an occupational pneumoconiosis claim in West Virginia, but th...
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