Pennington v. W. Va. Office of the Ins. Comm'r

Justice Armstead:

*628In 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 with two separate and distinct time limitations within which to file an OP claim: (1) within three years of the claimant's date of last exposure to the hazards of OP or (2) within three years of the date a diagnosed impairment due to OP was made known…