Akers v. State Workmen's Compensation Commissioner

Neely, Justice:

This is an appeal from an order entered by the Workmen’s Compensation Appeal Board which assessed ap*48pellant U. S. Steel Corp. for claimant Akers’ 40% disability from occupational pneumoconiosis and in addition awarded claimant total permanent disability. No one contests that claimant is totally disabled; the issue is whether the employer or the second injury reserve is chargeable with the pneumoconiosis award under W. Va. Code, 23-3-1 (1947).

Before 1972 Mr. Akers had sustained a number of com-pensable and noncompensable injuries. These injuries physically impaired Mr. Akers,…