Westmoreland Coal Co. v. Russell

BENTON, Judge.

The sole question presented in this appeal is whether the commission erred in ruling that Westmoreland Coal Company failed to meet its burden of proving that William Russell experienced a change in condition that rendered his continuing disability causally unrelated to his injury by accident. We affirm the commission’s award.

I

The record established that William Russell was employed by Westmoreland Coal Company as a laborer in a coal mine from 1969 until 1995. Westmoreland Coal terminated Russell in 1995 for economic reasons and recalled Russell to work in February 1997 to assist…