The West Virginia Supreme Court upheld a determination that a worker’s occupational pneumoconiosis did not materially contribute to his death.
Case: Delung v. Speed Mining LLC, No. 22-0145, 03/20/2024, published.
Facts: Russell Delung worked for Speed Mining LLC. He died in July 2015 at the age of 60.
His death certificate stated that the immediate cause of death was metastatic squamous cell carcinoma due to stage 4 esophageal carcinoma. The other significant conditions listed as contributing to Delung's death were anemia, leukocytosis and hypertension.
Procedural histo...
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