Powell v. State Workmen's Compensation Commissioner

This important appeal involves the interpretation and application of our Workmen’s Compensation Laws. The principle question presented is whether lung cancer causally related to occupational exposure to asbestos dust can be a compensable occupational disease under the terms of W.Va. Code § 23-4-1. We answer that question in the affirmative and hold that lung cancer can be an occupational disease within the meaning of this State’s Occupational Disease Statute, W.Va. Code § 23-4-1, even though it can also be an ordinary disease of life which occurs in the general public.

On September 23, 1974,…