Arch on the North Fork, Inc. v. Campbell

OPINION OF THE COURT

Claimant was employed in the coal industry for 13 years, wherein his duties involved driving a coal truck and operating heavy equipment at his employer’s surface mine. The instant appeal concerns his claim for benefits due to coal workers’ pneumoconiosis.

Claimant’s last injurious exposure occurred on December 10, 1987, when he injured his back. That claim was settled for a lump sum which represented a 45.54% occupational disability. In addition to his other physical problems, claimant had suffered from shortness of breath for several years due to asthma. There was no…