PENLEY v. ISLAND CREEK COAL CO.

Record No. 0666-88-3.

381 S.E.2d 231 (1989)

Isaac PENLEY v. ISLAND CREEK COAL COMPANY.

Court of Appeals of Virginia.

June 6, 1989.


Attorney(s) appearing for the Case

Jerry O. Talton, for appellant.

Michael F. Blair (Penn, Stuart, Eskridge & Jones, Abingdon, on brief), for appellee.

Present: BENTON, COLEMAN and DUFF, JJ.


BENTON, Judge.

On this appeal Issac Penley asserts that the commission erroneously concluded that his evidence failed to prove coal worker's pneumoconiosis. He contends that Code § 65.1-56.1 required the commission to conclude that he had coal worker's pneumoconiosis because he proved both injurious exposure to coal dust and the existence of opacities in his lung that are characteristic of some type of pneumoconiosis.1 He further...

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