Kubachka v. State Workmen's Compensation Commissioner

Miller, Justice:

Claimant, Michael Kubachka, appeals an adverse decision of the Workmen’s Compensation Appeal Board, which affirms the finding of both the Workmen’s Compensation Commissioner and the Occupational Pneumo-coniosis Board that he has occupational pneumoconiosis, but has no disability, because there is no “pulmonary functional impairment of his capacity to work due to the disease.”

We reverse on two grounds. First, there is no requirement that, in order to obtain a disability award for occupational pneumoconiosis, the disease must have impaired the claimant’s capacity to work.…