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BOGGS v. SWCC

No. 14419.

256 S.E.2d 890 (1979)

Marlin M. BOGGS v. SWCC and Ranger Fuel Corp.

Supreme Court of Appeals of West Virginia.

July 13, 1979.

Attorney(s) appearing for the Case

Atkins & Ross and Edward G. Atkins, Charleston, for appellant.

NEELY, Justice:

This is an appeal from an order entered by the Workmen's Compensation Appeal Board which affirmed the Commissioner's order denying appellant's motion for permanent total disability. This case presents two questions requiring interpretation of the Workmen's Compensation Act: first, whether an artificially induced, collapsed lung constitutes a previous injury as defined in the second injury statute, W.Va.Code, 23-3-1 [1947] and 23-4-9b [1971]...

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