Supreme Court Overturns Denial of Truck Driver's Occupational Pneumoconiosis Claim

The West Virginia Supreme Court overturned the denial of a retired dump truck driver’s claim for occupational pneumoconiosis benefits. Case: Kessler v. West Virginia Paving Inc., No. 26-178, 09/02/2026, published. Facts: Joseph Kessler worked as a dump truck driver for West Virginia Paving Inc., making deliveries for its quarry from 2013 to 2022. In July 2024, Kessler underwent chest X-rays. Dr. Kathleen A. DePonte opined that they showed insufficient parenchymal or pleural changes to establish a diagnosis of occupational pneumoconiosis. In August 2024, Dr. Richard Spencer and p...