Douglas v. State Workmen's Compensation Commissioner

Browning, Judge:

Claimant filed his application for silicosis benefits with the workmen’s compensation commissioner on July 16, 1966. The supporting physician’s report showed claimant to be totally disabled by reason of silicotuberculosis. Claimant’s application showed that, while he had been employed inside the mines in West Virginia from 1926 to 1956, his last nine years of employment, from 1956 to 1965, had been spent as “outside labor.” The commissioner, on April 11, 1967, rejected the claim on the ground that claimant “has not been exposed to silicon dioxide dust for sixty days within two…