Penley v. Island Creek Coal Co.

Opinion

BENTON, J.

On this appeal Issac Penley asserts that the commission erroneously concluded that his evidence failed to prove coal worker’s pneumoconiosis. He contends that Code § 65.1-56.1 required the commission to conclude that he had coal worker’s pneumoconiosis because he proved both injurious exposure to coal dust and the existence of opacities in his lung that are characteristic of some type of pneumoconiosis.* 1 He further contends that the commission’s pneumoconiosis guide is outdated because it wás adopted for use in connection with Code § 65.1-56 and is inconsistent with Code §…