Burleson v. State Workmen's Compensation Commissioner

Miller, Justice:

Claimant, Fred E. Burleson, appeals an adverse decision of the Workmen’s Compensation Appeal Board affirming the Workmen’s Compensation Commissioner’s order, which found occupational pneumoconiosis, but did not find an impairment of his capacity to work. In a recent case, Kubachka v. State Workmen’s Compensation Commissioner, - W. Va. _, S.E.2d (October 23, 1979), we held that a claimant cannot be denied disability benefits for occupational pneumoconiosis solely on the basis that there is no impairment of his capacity to work. The correct rule, as expressed in Syllabus Point 3…