Boggs v. SWCC

Neely, Justice:

This is an appeal from an order entered by the Workmen’s Compensation Appeal Board which affirmed the Commissioner’s order denying appellant’s motion for permanent total disability. This case presents two ques*414tions requiring interpretation of the Workmen’s Compensation Act: first, whether an artificially induced, collapsed lung constitutes a previous injury as defined in the second injury statute, W. Va. Code, 23-3-1 [1947] and 23-4-9b [1971], and second, whether all issues not previously decided can be rised upon a reopening of a claim under W. Va. Code, 23-5-1 [1973], 23-5-la…