Pertee v. State Workmen's Compensation Commissioner

Miller, Justice:

In this appeal the claimant, Donald Ray Pertee, argues that the State Workmen’s Compensation Commissioner and the Appeal Board erred in not finding him permanently and totally disabled under the second injury life award statute, W. Va. Code, 23-3-1, by virtue of the combined effects of six inguinal hernia injuries. We agree with the claimant’s position.

I

The employer, United States Steel Corporation, initially raises the question of whether there was sufficient proof of the existence of the last two hernias, which allegedly occurred in December, 1969, and May, 1970, while…