years. He was previously awarded a 5% permanent partial disability award. The claims
administrator rejected the claim on December 5, 2013.

        Mr. Lee testified in a deposition on May 13, 2014, that from January of 2009 until he
retired in March of 2013, he did outside general labor. In October of 2007, he went from being a
miner operator to a general outside worker to be out of the dust. After January of 2009, Mr. Lee
stated that his dust exposure varied. Coal trucks were in transit near him, he sometimes had to
shovel belts, he only went underground once a month, he cleaned mantrips once a week, and he
swept dust daily for a few hours. He stated that as far as he knows, dust levelswere always in
compliance. He stated that when the dust samples were taken, when he was wearing a dust
monitor, his mine foreman told him not to sweep or do similar activities.

         The Office of Judges affirmed the claims administrator’s decision on January 27, 2015. It
found that the record clearly shows that as an underground coal miner, the claimant was exposed
to sufficient amounts of the hazards of occupational pneumoconiosis. However, on January 16,
2009, he was transferred above ground to a less dusty area. Pursuant to West Virginia Code § 23­
4-15(b) (2009), an application for occupational pneumoconiosis must be filed within three years
after the later of either the day of last continuous period of sixty days during which the employee
was exposed to the