Sluss v. Workers' Compensation Commissioner

BROTHERTON, Justice:

These cases are appeals from final decisions of the Workers’ Compensation Appeal Board, which denied appellants, Terry L. Sluss and Ernest G. Barber, Jr., the presumption set out in W.Va.Code § 23-4-8c(b) (1981). In both cases, the State Workers’ Compensation Commissioner found that the claimants were entitled to the presumption, and the Appeal Board reversed that finding. The Appeal Board held that each claimant failed to show ex*435posure to the hazard of inhaling minute particles of dust “for a period of ten years during the fifteen years immediately preceding the date of…