PNAKOVICH v. SWCC

Nos. 14522, 14537, 14538, 14535 and 14589.

259 S.E.2d 127 (1979)

Albert L. PNAKOVICH v. SWCC and Island Creek Coal Co. Howard BRADLEY v. SWCC and Westmoreland Coal Co. Allen G. PHILLIPS v. SWCC and Carbon Fuel Co. Charles W. BRAGG v. SWCC and Consolidation Coal Co. et al., Consolidation Coal Co. Donald Eugene GILLENWATER v. SWCC and Consolidation Coal Co.

Supreme Court of Appeals of West Virginia.

October 16, 1979.


Attorney(s) appearing for the Case

George G. Burnette, Jr., Charleston, for Pnakovich.

Timothy R. Ruckman, Callaghan & Callaghan, Richwood, for Island Creek Coal.

Rodney A. Skeens, Beckley, for Bradley.

Edward G. Atkins, Charleston, for Phillips.

George G. Burnette, Jr., Charleston, for Bragg.

Furbee, Amos, Webb & Critchfield, Billy Atkins, Morgantown, for Consolidation Coal.

John P. Anderson, Princeton, for Gillenwater.

Jackson, Kelly, Holt & O'Farrell, John L. McClaughery and J. Randolph Query, Charleston, for Westmoreland, Carbon Fuel and Consolidation Coal.


NEELY, Justice:

These five cases present substantially the same question and for the purpose of appeal are consolidated for decision. The question presented is whether a claimant qualifies for a twenty week award for occupational pneumoconiosis without measurable pulmonary impairment under W.Va.Code, 23-4-6a [1978] when the date of injury (date of last exposure) predated the effective date of the amended statute. In the three cases where the Commissioner's...

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