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THACKER v. WORKERS' COMPENSATION DIV.

No. 26197.

531 S.E.2d 66 (2000)

207 W.Va. 241

George W. THACKER, Appellant, v. WORKERS' COMPENSATION DIVISION and Steel of West Virginia, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 2, 1999.

Concurring Opinion of Chief Justice Starcher March 1, 2000.

Attorney(s) appearing for the Case

Robert M. Williams, Esq., Thomas P. Maroney, L.C., Charleston, West Virginia, Attorney for the Appellant.

Douglas G. Lee, Esq., Ancil G. Ramey, Esq., H. Toney Stroud, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for the Appellee Steel of West Virginia, Inc.

PER CURIAM:

This appeal from the Workers' Compensation Appeal Board ("Appeal Board") concerns the application of Javins v. Workers' Compensation Comm'r, 173 W.Va. 747, 320 S.E.2d 119 (1984), our seminal case on the interpretation of evidence in a workers' compensation occupational pneumoconiosis claim. In this case—as in many identical workers' compensation cases—both the Workers' Compensation Office of Judges...

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