hazards of occupational pneumoconiosis or the date a diagnosed impairment
was made known to the employee by a physician. The Office of Judges determined that since
Mr. Lee did not file his report of occupational pneumoconiosis until December 6, 2012, he must
establish that he was exposed to the hazards of occupational pneumoconiosis in sufficient
amounts for sixty continuous days up to December 6, 2009, or thereafter so as not to be time
barred pursuant to West Virginia Code § 23-4-15(b). It was noted that Mr. Lee was informed that
he had occupational pneumoconiosis prior to December 6, 2009. The Office of Judges concluded
that he did not establish that he suffered sufficient exposure to overcome being time-barred. He
testified that from January of 2009 until he retired in March of 2013, he did general outside
work.that without further evidence, the
photographs were not adequate evidence to show sufficient exposure to the hazards of
occupational pneumoconiosis on a continuous basis. The Office of Judges also held that the
diagnosis of occupational pneumoconiosis was not given substantial weight in regard to the
required exposure time as Mr. Lee was diagnosed with occupational pneumoconiosis prior to
doing general outside labor in January of 2009. The Office of Judges therefore concluded that his
testimony, even coupled with the medical diagnosis of occupational pneumoconiosis, does not
establish sufficient exposure to the hazards of occupational pneumoconiosis after December of
2009. The Board of Review adopted the findings of fact and conclusions of law of the Office of
Judges and affirmed its Order on August 27, 2015.

        After review, we agree with