MULLINS v. STATE WORKMEN'S COMPENSATION COM'R

No. 14629.

271 S.E.2d 771 (1980)

Harvey H. MULLINS v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Robinson-Phillips Coal Co.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 31, 1980.


Attorney(s) appearing for the Case

Amos C. Wilson, Logan, for appellant.

H. L. Kirkpatrick, III, Pineville, for appellees.


NEELY, Chief Justice:

This case involves only one question: whether a 40% pneumoconiosis disability when combined with calcification of the lungs caused by an unknown source, entitles a claimant to a permanent total award where the claimant is 100% disabled from the combined effects. The Appeal Board was correct in finding that the claimant was fully compensated by his 40% permanent partial disability award.

Claimant...

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