Mullins v. State Workmen's Compensation Commissioner and Robinson-Phillips Coal Co.

Neely Chief Justice:

This case involves only one question: whether a 40% pneumoconiosis disability when combined with calcification of the lungs caused by an unknown source, entitles a claimant to a permanent total award where the claimant is 100% disabled from the combined effects. The Appeal Board was correct in finding that the claimant was fully compensated by his 40% permanent partial disability award.

*195Claimant, Harvey H. Mullins, initially filed an application for benefits in 1973; pursuant to his examination by the Occupational Pneumoconiosis Board he was granted a 40% award. In 1977,…