Hunter v. Workers' Compensation Commissioner

MILLER, Justice:

The claimant, Frank Hunter, appeals from an order of the Workers’ Compensation Appeal Board, dated November 16, 1988, which affirmed an order of the Workers’ Compensation Commissioner denying the claimant’s motion for a permanent total disability (PTD) award payable from the Second Injury Reserve Fund, W.Va.Code, 23-3-1. We remand the case for further evidentiary development.

The claimant, now age seventy-five, was employed as an underground coal miner for approximately forty-five years. For thirty-six years, the claimant was employed as a mine foreman for National Coal Mining…