Pnakovich v. SWCC

Neely, Justice:

These five cases present substantially the same question and for the purpose of appeal are consolidated for decision. The question presented is whether a claimant qualifies for a twenty week award for occupational pneu-moconiosis without measurable pulmonary impairment under W. Va. Code, 23-4-6a [1978] when the date of injury (date of last exposure) predated the effective date of the amended statute. In the three cases where the Commissioner’s final order denying benefits was entered before the effective date of the statute, the Workmen’s Compensation Appeal Board did not apply…