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CUMMINS v. STATE WORKMEN'S COMPENSATION COM'R.

No. 12781.

166 S.E.2d 562 (1969)

Warren J. CUMMINS v. STATE WORKMEN'S COMPENSATION COMMISSIONER and The Carbon Fuel Company.

Supreme Court of Appeals of West Virginia.

Decided February 25, 1969.

Dissenting Opinion March 21, 1969.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty, Louis S. Southworth, II, Charleston, for appellants.

George G. Burnette, Jr., Charleston, for appellee.

HAYMOND, President:

This claim of Warren J. Cummins against his employer, The Carbon Fuel Company, a corporation, for first stage silicosis compensation, is here on appeal by the employer from a final order of the State Workmen's Compensation Appeal Board of September 4, 1968, which reversed an order of the State Workmen's Compensation Commissioner of April 24, 1968 which dismissed the claim of Cummins for first stage silicosis benefits on the ground that he had previously...

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