Legal Opinion

Zackery v. SWCC

West Virginia Supreme Court

Decided April 10, 1979No. 14287, 14282PublishedCited by 8 opinions

1Opinion of the Court

Harshbarger, Justice:

These are appeals from orders of the Workmen’s Compensation Appeal Board denying appellants, Paul P. Shuff and Pete Zackery, the presumption in Code 23-4-8c(b):

“If it can be shown that the claimant or deceased employee has been exposed to the hazard of inhaling minute particles of dust in the course of and resulting from his employment for a period of ten years during the fifteen years immediately preceding the date of his last exposure to such hazard and that such claimant or deceased employee has sustained a chronic respiratory disability, then it shall be presumed that…

2Cases cited2 opinions

  1. State v. EpperlyWest Virginia Supreme Court · 1951
  2. Dunlap v. STATE WORKMEN'S COMPENSATION COM'RWest Virginia Supreme Court · 1977

3Cited by8 opinions

  1. Lee-Norse Co. v. RutledgeWest Virginia Supreme Court · 1982
  2. Meadows v. LewisWest Virginia Supreme Court · 1983
  3. Plummer v. Workers' Compensation DivisionWest Virginia Supreme Court · 2001
  4. State Ex Rel. McKenzie v. SmithWest Virginia Supreme Court · 2002
  5. Sluss v. Workers' Compensation CommissionerWest Virginia Supreme Court · 1985

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