McClanahan v. Workmen's Compensation Commissioner

Neely, Justice:

This Court granted an appeal in this case to determine whether an employer’s account should be charged for a silicosis award when an employee stops work due to an accidental injury and dates a claim for silicosis benefits from the last day on which he worked. As this Court finds both the accidental injury and the silicosis claim to be second injuries within the contemplation of W. Va. Code, 23-3-1 (1947), a contrary holding of the Workmen’s Compensation Appeal Board is reversed.

It is uncontested that the claimant, Leonard I. McClanahan, has suffered a number of cumulative…