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

No. 14458.

259 S.E.2d 21 (1979)

Michael KUBACHKA v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Windsor Power House Coal Company.

Supreme Court of Appeals of West Virginia.

October 23, 1979.

Attorney(s) appearing for the Case

McCamic & McCamic, William E. Parsons, II, Wheeling, for appellant.

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty and J. Randolph Query, Charleston, for Windsor Power House Coal Co.

John E. Dorsey, Legal Division, Workmen's Comp. Comm., Charleston, for Workmen's Compensation Com'r.

MILLER, Justice:

Claimant, Michael Kubachka, appeals an adverse decision of the Workmen's Compensation Appeal Board, which affirms the finding of both the Workmen's Compensation Commissioner and the Occupational Pneumoconiosis Board that he has occupational pneumoconiosis, but has no disability, because there is no "pulmonary functional impairment of his capacity to work due to the disease."

We reverse on two grounds. First, there is no requirement that, in...

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