Clinchfield Coal Co. v. Reed

KELSEY, Judge.

The Virginia Workers’ Compensation Commission awarded Farrell D. Reed medical benefits for coal workers’ pneumoconiosis (CWP) pursuant to our decision in Jones v. E.I DuPont de Nemours & Co., 24 Va.App. 36, 480 S.E.2d 129 (1997). The appellant, Clinchfield Coal Company, appeals this award urging us to reverse Jones. Short of that, Clinchfield argues that we should limit Jones to cases involving asbestosis and not apply it to claimants with CWP. Finally, Clinchfield asserts that the medical evidence fails as a matter of law to demonstrate that Reed has CWP at this time.

We affirm…