SLUSS v. WORKERS' COMPENSATION COM'R

Nos. 16457, 16458.

327 S.E.2d 413 (1985)

Terry L. SLUSS v. WORKERS' COMPENSATION COMMISSIONER and U.S. Steel Mining Company, Inc. Ernest G. BARBER, Jr. v. WORKERS' COMPENSATION COMMISSIONER and U.S. Steel Mining Company, Inc.

Supreme Court of Appeals of West Virginia.

March 1, 1985.


Attorney(s) appearing for the Case

S.F. Raymond Smith, U.M.W.A., Beckley, for appellants.

Kevin A. Nelson, Love, Wise & Woodroe, Charleston, for appellees.


BROTHERTON, Justice:

These cases are appeals from final decisions of the Workers' Compensation Appeal Board, which denied appellants, Terry L. Sluss and Ernest G. Barber, Jr., the presumption set out in W.Va.Code § 23-4-8c(b) (1981). In both cases, the State Workers' Compensation Commissioner found that the claimants were entitled to the presumption, and the Appeal Board reversed that finding. The Appeal Board held that each claimant failed to show exposure to...

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