Helton v. Canada Mountain Coal Augering, Inc.

OPINION OF THE COURT

This case concerns whether a worker who received a 30% permanent, partial, occupational disability benefit for coal workers’ pneumoconiosis under the pre-1987 Workers’ Compensation Act (Act) and who had returned to work in the mining industry before the 1987 amendments were enacted was then entitled to receive a Retraining Incentive Benefit (RIB).

On July 22,1974, claimant was found to be 100% occupationally disabled due to coal workers’ pneumoconiosis. Subsequently, he returned to work, and, pursuant to a reopening of the claim, the award was reduced to one for 30%…