The West Virginia Supreme Court of Appeals affirmed the denial of a former City of Wheeling worker’s occupational pneumoconiosis claim, ruling he failed to establish the required workplace dust exposure.
In Henry v. City of Wheeling, the high court on June 1 affirmed an Intermediate Court of Appeals ruling that upheld a Workers Compensation Board of Review decision rejecting William G. Henry’s claim on a nonmedical basis.
Mr. Henry claimed he had occupational pneumoconiosis and cited findings from a doctor who reported lung changes consistent with the disease. That doctor also found Mr. Henry had 30% overall pulmonary impairment, with 25% attributable to occupational pneumoconiosis.
But the city argued that the medical report referenced Mr. Henry’s earlier work at a foundry from 1972 to 1993, rather than showing hazardous dust exposure during his employment with the City of Wheeling from 1998 to 2017.
The claim administrator rejected the claim in April 2024, finding Mr. Henry did not meet West Virginia’s eligibility requirements because he had not shown exposure to hazardous dust levels for at least two continuous years during the 10 years before his last exposure, or five years during the 15 years before his last exposure.
The Board of Review affirmed, finding Mr. Henry’s testimony did not establish qualifying hazardous dust exposure during his city employment. The Intermediate Court of Appeals also affirmed.
The Supreme Court said the Board of Review was responsible for weighing evidence and witness credibility and that its findings were not clearly wrong.