Island Creek Coal Co. v. Honaker

Opinion

KEENAN, J.

Island Creek Coal Company (employer) appeals from a decision of the Industrial Commission that awarded Arlin Honaker compensation for first stage pneumoconiosis. The issues presented in this appeal are: (1) whether the commission is bound by the opinion of the expert it obtained pursuant to Code § 65.1-90; 1 and (2) whether there is credible evidence in the record to support the commission’s decision. We affirm the commission’s decision based on our finding that the commission is not bound by the independent medical opinion it received pursuant to Code § 65.1-90. We also find…