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Order Granting No Award for Occupational Pneumoconiosis Affirmed
The West Virginia Supreme Court of Appeals affirmed the Workers' Compensation Board of Review's January 23, 2020 order affirming the September 26, 2019 Administrative Law Judge Decision that affirmed the Claim Administrator's March 17, 2017 Order granting no award for occupational pneumoconiosis. In a Memorandum Decision, the unanimous Court found claimant failed to prove he is entitled to PPD benefits for occupational pneumoconiosis or occupational dust exposure that ceased in 2004. The Court found the ALJ properly weighed the evidence and determined that the Occupational Pneumoconiosis Board findings are not clearly wrong in finding that occupational pneumoconiosis was not present and the statutory presumption was rebutted.

Workers' Compensation Karin L. Weingart