JAVINS v. WORKERS' COMPENSATION COM'R

Nos. 16156 through 16178 and 16185.

320 S.E.2d 119 (1984)

Cue D. JAVINS v. WORKERS' COMPENSATION COMMISSIONER and Armco, Inc. Cleophas H. HILL v. WORKERS' COMPENSATION COMMISSIONER and Westmoreland Coal Co. Ronnie E. BRITTON v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associates. Carl E. KEENEY v. WORKERS' COMPENSATION COMMISSIONER and Big Mountain Coals, Inc. Charles T. LEWIS v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associated Coal. David E.H. LAY v. WORKERS' COMPENSATION COMMISSIONER and Eastern Assoc., Inc. Norman J. BALDWIN v. WORKERS' COMPENSATION COMMISSIONER and Westmoreland Coal Co. Earnest R. BIRCHFIELD v. WORKERS' COMPENSATION COMMISSIONER and Western Assoc. Coal Co. James FRAZIER v. WORKERS' COMPENSATION COMMISSIONER and Eastern Assoc. Coal Co. Albert L. McCARTY v. WORKERS' COMPENSATION COMMISSIONER and Armco, Inc. Dennis RACER v. WORKERS' COMPENSATION COMMISSIONER and Armco, Inc. William D. BRYANT v. WORKERS' COMPENSATION COMMISSIONER and Eagle Coal & Dock Co. James E. ROBERTS v. WORKERS' COMPENSATION COMMISSIONER and Ottaway Mining Corp. Sidney BALL, Jr. v. WORKERS' COMPENSATION COMMISSIONER and U.S. Steel Corporation. Othar BALL v. WORKERS' COMPENSATION COMMISSIONER and Omar Mining Company. Gene A. BOWEN v. WORKERS' COMPENSATION COMMISSIONER and Allied Chemical Corporation. Roy L. HENDRICKS v. WORKERS' COMPENSATION COMMISSIONER and Buffalo Mining Company. Johnny L. O'NEAL v. WORKERS' COMPENSATION COMMISSIONER and Imperial Colliery Company. Leland ESTEP v. WORKERS' COMPENSATION COMMISSIONER and Hobert Mining & Const. Co. Ronald BROWNING v. WORKERS' COMPENSATION COMMISSIONER and Amherst Coal Company. Van B. CURRY v. WORKERS' COMPENSATION COMMISSIONER and Island Creek Coal Company. John HUNT v. WORKERS' COMPENSATION COMMISSIONER and National Coal Mining Company. John P. SIZEMORE v. WORKERS' COMPENSATION COMMISSIONER and Amherst Coal Company. John JUDE v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associated Coal Corporation.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 20, 1984.


Attorney(s) appearing for the Case

Timothy G. Leach, UMWA, Charleston, for appellants.

George D. Blizzard, II, Shaffer & Shaffer, Madison, for appellees.


McGRAW, Justice:

This consolidated appeal involves twenty-four separate occupational pneumoconiosis claims originally submitted to the Workers' Compensation Commissioner for disability awards. The claimants now appeal from orders of the Workers' Compensation Appeal Board, presenting two issues for this Court. First, whether the Workers' Compensation Appeal Board failed to properly evaluate the medical evidence under the correct legal standards in its disability determinations...

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