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WHITT v. STATE WORKMEN'S COMPENSATION COM'R

No. 12881.

172 S.E.2d 375 (1970)

Tom A. WHITT v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Olga Coal Company.

Supreme Court of Appeals of West Virginia.

Decided February 17, 1970.

Attorney(s) appearing for the Case

Crockett, Tutwiler & Crockett, Charles A. Tutwiler, Welch, for appellant.

R. L. Theibert, Charleston, for appellees.

BROWNING, President.

This is an appeal by Olga Coal Company from a final order of the Workmen's Compensation Appeal Board entered June 30, 1969. That order reversed an order of the Workmen's Compensation Commissioner entered January 21, 1969, which held appellee's disability was not due to an injury received in the course of and resulting from his employment and thus was not compensable.

Appellee, hereinafter referred to as "claimant," was employed as a boom...

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