Hensley v. Consolidation Coal Co.

OPINION

COOPER, Justice.

This is an action to recover worker’s compensation benefits. The chancellor found that plaintiff had failed to prove that his pulmonary disability was primarily due to coal worker’s pneumoconiosis, and dismissed the action. On appeal plaintiff insists that the medical evidence, when considered in conjunction with the provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended, and the regulations promulgated thereunder, clearly establishes that the plaintiff is totally disabled from coal worker’s pneumoconiosis. Plaintiff also contends that the…