Employer’s Appeal of 10 Percent Permanent Partial Disability Award in Dust Case Rejected

CHARLESTON, W.Va. –– An appeal asserted by an employer of a claimant who says his work caused him to develop occupational pneumoconiosis has been denied by a West Virginia Court, which found no error in a Board of Review’s assessment of 10 percent permanent partial disability.

In the Feb. 3 decision, the West Virginia Supreme Court of Appeals rejected the employer’s stance that the award was based on an inaccurate smoking history.

Joey W. Ellis’ employer appealed a Board of Review’s order finalizing an award of 10 percent permanent partial disability, contending that the award was too much.

Ellis …