Holdren v. Workers' Compensation Commissioner

I am unable to agree with the majority’s opinion as reflected in its single Syllabus.1 I believe it completely distorts the plain language of W.Va.Code, 23-4-15, which provides a time limit for the filing of workers’ compensation claims for occupational hazards as follows:

“Within three years from and after the day on which the employee was last exposed to the particular occupational hazard involved or within three years from and after the employee’s occupational disease is made known to him by a physician or which he should reasonably have known, whichever shall last occur ....” (Emphasis…