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SMITH v. WORKERS' COMPENSATION COM'R

Nos. 18328, 18292.

373 S.E.2d 495 (1988)

Charlie SMITH, Sr. v. WORKERS' COMPENSATION COMMISSIONER and LOAC Enterprises and McNamee Cheyenne Mining Company. Paul D. LIGHTFOOT v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associated Coal Corporation.

Supreme Court of Appeals of West Virginia.

September 16, 1988.

Attorney(s) appearing for the Case

Amos C. Wilson, Logan, for Charlie Smith and Paul D. Lightfoot.

Howard Persinger, Williamson, for Loac Enterprises and McNamee Cheyenne Min. Co.

Boweles, McDavid, Graff & Love, Charleston, for Eastern Associated Coal Corp.

MILLER, Justice:

We have consolidated two workers' compensation appeals for the resolution of a common legal issue involving whether the second injury fund statute, W.Va.Code, 23-3-1,1 can be invoked by a claimant to obtain a permanent total disability award where no additional disability has been proven in the current claim.

This issue arose in the following general procedural context. In both these cases, the claimants had previously...

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