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AKERS v. STATE WORKMEN'S COMPENSATION COM'R

No. 13775.

232 S.E.2d 347 (1977)

Grant U. AKERS v. STATE WORKMEN'S COMPENSATION COMMISSIONER and U. S. Steel Corporation.

Supreme Court of Appeals of West Virginia.

February 15, 1977.

Attorney(s) appearing for the Case

Love, Wise, Robinson & Woodroe, George W. S. Grove, Jr., Charleston, for appellant.

James R. Gerchow, Charleston, for Workmen's Compensation Commissioner.

Rodney A. Skeens, Beckley, for appellee.

NEELY, Justice:

This is an appeal from an order entered by the Workmen's Compensation Appeal Board which assessed appellant U. S. Steel Corp. for claimant Akers' 40% disability from occupational pneumoconiosis and in addition awarded claimant total permanent disability. No one contests that claimant is totally disabled; the issue is whether the employer or the second injury reserve is chargeable with the pneumoconiosis...

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