Brownies Creek Collieries v. Lingar

HOWERTON, Chief Judge.

Brownies Creek Collieries appeals from an opinion of the Workers’ Compensation Board, affirming in part and reversing in part the order of the administrative law judge. The Board concluded that the administrative law judge was correct when he determined that the 50 percent occupational disability from a back injury and the 50 percent occupational disability from pneu-moconiosis merge to create a 100 percent occupational disability. Brownies Creek argues that percentages of partial occupational disability should not merge to create a finding of total occupational…