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West Virginia court denies city worker’s occupational disease claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers West Virginia court denies city worker’s occupational disease claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jun 9, 2026 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. Related News Mississippi high court revives injured worker’s third-party suit June 9, 2026 Zurich hires former AIG exec as US energy head June 9, 2026 Distinguished expands into reinsurance June 9, 2026 Maritime pool cuts hull, cargo war risk premiums June 9, 2026 Jet fuel surge raises airline bankruptcy, consolidation risks June 9, 2026 International General Insurance expands into GIFT City June 9, 2026 Data gaps drive insurance mispricing in Africa: Report June 9, 2026 Houthi blockade threat to raise shipping insurance risks June 9, 2026 Allianz veteran to lead Uniqa Croatia June 9, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
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