Court Finds Worker Has No Impairment Despite 43 Years of Coal Dust Exposure

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining LLC, No. 24-ICA-87, 09/04/2024, unpublished. Facts and procedural history: Charles Jarrell worked in the coal industry for more than 43 years. He underwent a pulmonary function study in March 2022 that showed a mild obstruction. Jarrell filed a claim for occupational pneumoconiosis against Blackhawk Mining LLC. A claims administrator for Blackhawk’s insurance carrier held the cl...