FORD v. STATE WORKMEN'S COMPENSATION COM'R

Nos. 13844 and 13875.

236 S.E.2d 234 (1977)

Robert L. FORD v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Union Carbide Corporation. (Case No. 13844) Paul McCOY v. STATE WORKMEN'S COMPENSATION COMMISSIONER and United States Steel Corporation. (Case No. 13875)

Supreme Court of Appeals of West Virginia.

July 15, 1977.


Attorney(s) appearing for the Case

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

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

Benjamin D. Tissue, South Charleston, for appellee Union Carbide.

Love, Wise, Robinson & Woodroe, George W. S. Grove, Jr., Charleston, for appellee U.S. Steel.


CAPLAN, Chief Justice:

These cases present substantially the same question and for the purpose of appeal are consolidated for decision. The question thus presented is whether a claimant who has been awarded permanent partial disability benefits for occupational pneumoconiosis is permitted under the workmen's compensation act to file a new claim, based upon essentially the same period of exposure or must he seek a reopening of the previous claim. The appeal board found...

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