W.Va. Supreme Court Cites Brody Mine’s Regulatory Compliance in Denying Disability Benefits

CHARLESTON, W.Va. — West Virginia’s Supreme Court of Appeals has affirmed a workers’ compensation ruling in favor of Brody Mining LLC based on evidence that the mine complied with regulatory dust limits during the time the claimant miner alleged hazardous exposure.

The high court held Oct. 21 that the decision by the Workers’ Compensation Office of Judges was not based upon any mischaracterization of the record, nor was it “in clear violation of any constitutional or statutory provision.”

Lovel Estep Jr. sought benefits in 2009 for occupational pneumoconiosis, which he attributed to exposure to dust at a Brody mine.

Brody’s …