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PENNINGTON v. OFFICE OF THE INS. COM'R

Nos. 17-1060, 17-1061, 17-1063, 17-1123 Consolidated.

820 S.E.2d 626 (2018)

Lester PENNINGTON, Jr., Petitioner v. WEST VIRGINIA OFFICE OF THE INSURANCE COMMISSIONER, and Mountaineer Coal Company, Respondents. and Richard L. Arthur, Petitioner v. West Virginia Office of the Insurance Commissioner, and Elk Run Coal Company, Inc., Respondents and Robert D. West, Petitioner v. EMC Metals, Inc., Respondent and Randy Keffer, Petitioner v. Fola Coal Company, LLC, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 2, 2018.

Attorney(s) appearing for the Case

Robert M. Williams, Esq. , Maroney, Williams, Weaver & Pancake, PLLC, Charleston, West Virginia, Counsel for Lester Pennington, Jr., Richard L. Arthur, Robert D. West, and Randy Keffer.

Timothy E. Huffman, Esq. , Bradley A. Crouser, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, Counsel for EMC Metals, Inc.

Henry C. Bowen, Esq. , Jenkins Fenstermaker, PLLC, Huntington, West Virginia, Patrick Morrisey, Esq. , Attorney General, B. Allen Campbell, Esq. , Senior Assistant Attorney General, Charleston, West Virginia, Counsel for the Insurance Commissioner.

James W. Heslep, Esq. , Jenkins Fenstermaker, PLLC, Clarksburg, West Virginia, Counsel for Fola Coal Company, LLC.

In these consolidated workers' compensation cases, four claimants challenge the decisions of the Workers' Compensation Board of Review which rejected their applications for occupational pneumoconiosis ("OP") benefits. The Board rejected the applications pursuant to W.Va. Code, 23-4-15(b) [2010]. That statute provides a claimant...

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