Supreme Court Upholds 0% PPD Award for Worker's Occupational Pneumoconiosis

The West Virginia Supreme Court upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-783, 11/25/2025, published. Facts: Nelson Foster underwent pulmonary function testing in May 2021. The treating doctor reported that there were no classifiable parenchymal abnormalities and no pleural abnormalities. The doctor also indicated that there was a coalescence of small opacities, bullae and emphysema. He said there was no evidence of pneumoconiosis opacities in the lung fields. In August 2021, anothe...