Court Finds for Quikrete Facility on Claim for Dust-Induced Lung Disability

CHARLESTON, W.Va. — The West Virginia Supreme Court of Appeals has sided with a facility making Quikrete concrete and cement products on claims by a former employee that exposure to workplace dust led to occupational pneumoconiosis.

The high court affirmed rulings by Workers’ Compensation appellate panels in its Sept. 12 decision, concluding that their denial of disability benefits for claimant Kenna Johnston did not result from erroneous conclusions of law or mischaracterization of the evidence.

Johnston sought disability benefits after being diagnosed with occupational pneumoconiosis on June 5, 2009.

He attributed his lung condition to his employment at CRW …