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HANNAH v. WORKERS' COMPENSATION COM'R

No. 16861.

346 S.E.2d 757 (1986)

Ralph HANNAH v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associated Coal Corporation.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 10, 1986.

Attorney(s) appearing for the Case

Richard G. Rundle, Pineville, for appellants.

Anthony J. Cicconi, Shaffer & Shaffer, Madison, for appellee.

McGRAW, Justice:

This appeal involves an application for workers' compensation due to occupational hearing loss. The claimant appeals a final order of the Workers' Compensation Appeal Board which affirmed the Commissioner's ruling rejecting the application as being untimely filed. The extent of disability, if any, is not currently at issue. The limited question developed below is whether the claim is subject to consideration as being timely presented.

The...

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