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GARGES v. STATE COMPENSATION COMMISSIONER

No. 12134.

123 S.E.2d 886 (1962)

Anthony S. GARGES v. STATE COMPENSATION COMMISSIONER et al.

Supreme Court of Appeals of West Virginia.

Decided February 13, 1962.

Concurring Opinion February 20, 1962.

Rehearing Granted May 1, 1962.

Attorney(s) appearing for the Case

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

R. L. Theibert, Charleston, for appellee.

CALHOUN, President.

The employer, Winding Gulf Coals, Inc., has appealed from the order of the Workmen's Compensation Appeal Board, dated July 10, 1961, granting claimant, Anthony S. Garges, an award for silicosis in the first stage, and reversing the order of the Workmen's Compensation Commissioner of February 24, 1961, whereby the commissioner had denied such award "on the grounds that the claimant's exposure to the hazard of silicon dioxide while in the employ...

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