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DOUGLAS v. STATE WORKMEN'S COMPENSATION COM'R

No. 12749.

163 S.E.2d 469 (1968)

Lawrence DOUGLAS v. STATE WORKMEN'S COMPENSATION COMMISSIONER, and Bethlehem Mines Corporation, a Corp.

Supreme Court of Appeals of West Virginia.

Decided October 1, 1968.

Attorney(s) appearing for the Case

James P. Robinson, Charleston, W. Mote Thompson, Jr., Clarksburg, for appellants.

R. L. Theibert, Charleston, for appellee.

BROWNING, Judge:

Claimant filed his application for silicosis benefits with the workmen's compensation commissioner on July 16, 1966. The supporting physician's report showed claimant to be totally disabled by reason of silico-tuberculosis. Claimant's application showed that, while he had been employed inside the mines in West Virginia from 1926 to 1956, his last nine years of employment, from 1956 to 1965, had been spent as "outside labor". The commissioner, on April...

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