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BOGGESS v. WORKERS' COMPENSATION DIV.

Nos. 27056, 27057.

541 S.E.2d 326 (2000)

Robert L. BOGGESS, Appellant, v. WORKERS' COMPENSATION DIVISION and Union Carbide Corporation, Appellees. Robert L. Payne, Appellant, v. Workers' Compensation Division and Affiliated Transport, Inc., Montgomery Tank Lines and Chemical Leaman Tank Lines, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 13, 2000.

Concurring Opinion of Justice Starcher July 20, 2000.

Concurring Opinion of Chief Justice Maynard December 5, 2000.

Attorney(s) appearing for the Case

E. William Harvit, Harvit & Schwartz, Charleston, for Appellants Robert L. Boggess and Robert L. Payne.

John L. McClaugherty, Allen R. Prunty, Gretchen E. Pyles, Jackson & Kelly, Charleston, for Appellee Union Carbide Corporation.

H. Toney Stroud, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Appellee Montgomery Tank Lines.

Allen R. Prunty, Gretchen E. Pyles, Jackson & Kelly, Charleston, for Appellee Chemical Leaman Tank Lines.

SCOTT, Justice:

The Appellants, Robert L. Boggess and Robert L. Payne, seek the reversal of final orders of the Workers' Compensation Appeal Board ("Appeal Board"), issued on September 30, 1999, concerning the Appellants' claims for occupational pneumoconiosis1 benefits. The sole issue before this Court is whether Title 85 of the West Virginia Code of State Rules, Series 1, § 20.8.5(b) (1986), a legislative rule governing ventilatory...

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