Court Ends Benefits for Worker Whose Pulmonary Function Improved

CHARLESTON, WVa. — West Virginia’s high court has affirmed an order terminating occupational disability benefits for a worker whose pulmonary function tests improved.

The high court said Nov. 7 the state’s Occupational Pneumoconiosis Board did not abuse its discretion in terminating benefits based on an expert’s opinion that such improvement was itself evidence that the subject did not suffer from occupational pneumoconiosis.

Garfield E. Hatfield sought benefits in 2008, after being diagnosed with pulmonary illness and leaving his job with Rockhouse Creek Development Corp.

He was examined by the state’s Occupational Pneumoconiosis Board, which found a 10 percent …