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TURNER v. STATE COMPENSATION COMMISSIONER

No. 12132.

123 S.E.2d 880 (1962)

James W. TURNER v. STATE COMPENSATION COMMISSIONER and New River & Pocahontas Consolidated Coal Co.

Supreme Court of Appeals of West Virginia.

Decided January 30, 1962.

Concurring Opinion February 12, 1962.

Rehearing Granted May 1, 1962.

Attorney(s) appearing for the Case

R. L. Theibert, Charleston, for appellant.

Mahan, Higgins, Thrift & Graney, Patrick C. Graney, Jr., Fayetteville, for appellee.

BROWNING, Judge.

On petition of the New River and Pocahontas Consolidated Coal Company, hereinafter designated as the "employer", this Court granted an appeal to an order of the Workmen's Compensation Appeal Board affirming an order of the State Compensation Commissioner by which James W. Turner, hereinafter referred to as claimant, was granted the statutory benefits for silicosis in the first stage.

Claimant filed his claim for silicosis benefits with the...

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