CHARLESTON — The West Virginia Supreme Court of Appeals sided with the state Workers' Compensation Board of Review's decision to reverse a claims administrator's decision in a disability claim.
The issue on appeal is permanent partial disability impairment due to occupational pneumoconiosis for Earshel Preece, who was employed by Aracoma Coal Company.
The claims administrator granted a 15 percent permanent partial disability award on March 2, 2018, however, on Oct. 25, 2019, the Workers’ Compensation Office of Judges reversed the claims administrator’s decision and granted a 0 percent permanent partial disability award, according to the memorandum decision.
Preece was an employee of Aracoma Coal Company for more than 30 years. As an underground coal miner, surface coal miner and foreman, he was exposed to coal dust and other industrial dust hazards during his career. He later filed an occupational pneumoconiosis claim and was referred to the Occupational Pneumoconiosis Board.
The claims administrator granted Preece a 15 percent permanent partial disability award and Aracoma Coal protested the decision. Preece underwent several studies and tests and physicians found that he did not have occupational pneumoconiosis.
"After review, we agree with the decision of the Office of Judges, as affirmed by the Board of Review," the justices wrote."The O.P. Board testified that there is insufficient evidence to justify a diagnosis of occupational pneumoconiosis in the claim. The original 15% impairment recommendation was based upon invalid studies. The most recent test report of record from CAMC’s Occupational Lung Center dated July 13, 2018, contained completely normal results."
The court found that the board correctly determined that Preece has no diagnosis of occupational pneumoconiosis and no pulmonary impairment due to occupational pneumoconiosis.
West Virginia Supreme Court of Appeals case number: 20-1018
