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SIZEMORE v. STATE WORKMEN'S COMP. COM'R

No. 13810.

235 S.E.2d 473 (1977)

Elmer E. SIZEMORE v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Union Carbide Corporation.

Supreme Court of Appeals of West Virginia.

June 14, 1977.

Attorney(s) appearing for the Case

Hostler & Shinaberry, Sterl F. Shinaberry, Charles M. Kincaid, Charleston, for appellant.

Benjamin D. Tissue, Legal Dept., Union Carbide, South Charleston, for appellees.

MILLER, Justice:

Elmer Sizemore appeals an order of the Workmen's Compensation Appeal Board, which denied him compensation benefits on the ground that his injury was a result of an "assault" and therefore not compensable. The facts are not in dispute and we find the Appeal Board clearly erroneous in its finding of facts and application of the law. We, therefore, reverse.

Sizemore received a cervical injury as a result of being hit on his hard hat by a fellow...

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