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HARVEY v. WORKMEN'S COMPENSATION COM'R

No. 14306.

256 S.E.2d 747 (1979)

Foster H. HARVEY v. WORKMEN'S COMPENSATION COMMISSIONER and Island Creek Coal Company.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 17, 1979.

Attorney(s) appearing for the Case

Amos C. Wilson, Logan, for appellant.

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

PER CURIAM:

The claimant, Foster H. Harvey, contends that the Workmen's Compensation Appeal Board erred in failing to hold that he was permanently and totally disabled as a result of an accident which occurred on August 20, 1970.

On August 20, 1970, the claimant injured his low back while lifting a rock in the course of his employment as an electrician with Island Creek Coal Company.

By order entered August 31, 1971, the Workmen's Compensation Commissioner...

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