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PERSIANI v. SWCC

Nos. 14241, 14202 and 14197.

248 S.E.2d 844 (1978)

Louis PERSIANI v. SWCC and Ashland Mining Co. Ernest JACKSON, Jr. v. SWCC and United Pocahontas Coal Co. Alexander H. HARMON v. SWCC and U. S. Steel Corp.

Supreme Court of Appeals of West Virginia.

November 14, 1978.

Attorney(s) appearing for the Case

Frederick K. Muth, Bluefield, for appellants in all three cases.

Richardson, Kemper, Hancock & Davis, Charles W. Davis, Bluefield, for Ashland Mining Co.

Kwass, Stone, McGhee & Feuchtenberger, J. W. Feuchtenberger, Bluefield, for United Pocahontas Coal Co.

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

NEELY, Justice:

These three cases were consolidated for hearing because they all present the same troublesome question concerning the proper application of the liberality rule in claims for occupational pneumoconiosis. All three claimants suffer diagnosable conditions of occupational pneumoconiosis, although none demonstrated any measurable impairment on standard tests administered by the employers' physicians and submitted...

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