Stewart v. Lawson

AKER, Justice.

The movant, Edwin Stewart, filed a claim for Worker’s Compensation benefits against his employer, Mountain Top Fuel, Inc., the Special Fund and the Coal Miner’s Pneumoconiosis Fund alleging that he had become disabled by pneumoconiosis/silico-sis. The movant’s work history included six years as a coal miner, of which three were spent underground, and six years as a general laborer packing fiberglass for shipment.

The Board deposed several doctors, four of whom diagnosed the movant as having pneumoconiosis, while five were of the opinion that he was not suffering from the disease.…