Cummins v. STATE WORKMEN'S COMPENSATION COM'R.

166 S.E.2d 562 (1969)

Warren J. CUMMINS

v.

STATE WORKMEN'S COMPENSATION COMMISSIONER and The Carbon Fuel Company.

No. 12781.

Supreme Court of Appeals of West Virginia.

Submitted January 14, 1969.

Decided February 25, 1969.

Dissenting Opinion March 21, 1969.

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty, Louis S. Southworth, II, Charleston, for appellants.

George G. Burnette, Jr., Charleston, for appellee.

HAYMOND, President:

This claim of Warren J. Cummins against his employer, The Carbon Fuel Company, a corporation, for first stage silicosis compensation, is here on appeal by the employer from…