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HOLDREN v. WORKERS' COMPENSATION COM'R

No. 18615.

382 S.E.2d 531 (1989)

Kermit HOLDREN v. WORKERS' COMPENSATION COMMISSIONER and Cannelton Industries, Inc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion August 2, 1989.

Attorney(s) appearing for the Case

Thomas G. Truman, Meadows, Crews & Truman, Chesapeake, for Holdren.

Jeff C. Woods, Jackson & Kelly, Charleston, for Cannelton Ind.

BROTHERTON, Chief Justice:

This proceeding involves an appeal by the claimant, Kermit Holdren, from the April 15, 1988, order of the Workers' Compensation Appeal Board, which affirmed the August 12, 1987, final order of the Workers' Compensation Commissioner rejecting the claimant's application for occupational noise-induced hearing loss benefits as untimely filed.

The claimant last worked for Cannelton Industries on July 29, 1982. He did not file his claim...

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