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RHODES v. WORKERS' COMPENSATION DIV.

No. 27831.

543 S.E.2d 289 (2000)

209 W.Va. 8

Robert S. RHODES, Appellant, v. WORKERS' COMPENSATION DIVISION and Anchor Glass Container, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 11, 2000.

Concurring Opinion of Justice Scott January 24, 2001.

Dissenting Opinion of Justice Starcher January 16, 2001.

Attorney(s) appearing for the Case

Robert L. Stultz, Wilson & Bailey, Weston, for the Appellant.

Nancy Tyler, Employment Programs Litigation Unit, Charleston, for the Appellee.

DAVIS, Justice:

In this appeal from a decision of the Workers' Compensation Appeal Board, a Workers' Compensation claimant argues that his claim for benefits for occupational pneumoconiosis was improperly denied. We find that when a party objects to the findings and conclusion of the Occupational Pneumoconiosis Board, made in connection with a Workers' Compensation claim for occupational pneumoconiosis benefits, and submits...

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