LESTER v. STATE WORKMEN'S COMPENSATION COM'R

No. 13960.

242 S.E.2d 443 (1978)

Hensley LESTER v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Island Creek Coal Co., and Hawley Coal Mining Company.

Supreme Court of Appeals of West Virginia.

March 7, 1978.


Attorney(s) appearing for the Case

Robert Edward Blair, Welch, for appellant.

Edward I. Eiland, Logan, for appellee Island Creek Coal Co.

Tutwiler, Crockett & LaCaria, McGinnis E. Hatfield, Jr., Welch, for appellee Hawley Coal Mining Co.


McGRAW, Justice:

This is an appeal from a final order of the Workmen's Compensation Appeal Board which affirmed a decision by the Workmen's Compensation Commissioner denying claimant's application for occupational pneumoconiosis benefits. In denying the application, both the Commissioner and the Appeal Board held that claimant's application for occupational pneumoconiosis benefits was not timely filed as required by the statute in effect at the time claimant was last...

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