BALL v. WORKMEN'S COMPENSATION COMMISSIONER

No. 13273.

194 S.E.2d 229 (1973)

Willie BALL v. WORKMEN'S COMPENSATION COMMISSIONER and Westmoreland Coal Company.

Supreme Court of Appeals of West Virginia.

Decided February 13, 1973.


Attorney(s) appearing for the Case

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

Shaffer, Shaffer & Hall, H. Gus Shaffer, Madison, for appellee.


NEELY, Judge:

This case is an appeal from a final order of the Workmen's Compensation Appeal Board dated September 28, 1972, in which the Board reversed the Workmen's Compensation Commissioner's ruling of February 22, 1972, which awarded the claimant a 40% permanent partial disability. In place of the Commissioner's 40% award, the Board awarded a 25% permanent partial disability.

The record discloses that on October 2, 1967, at the age of sixty-two, the claimant...

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