Cox v. Oakwood Mining, Inc.

Opinion

BRAY, J.

Arnold Cox * (claimant), now deceased, appeals a decision of the Workers’ Compensation Commission (commission) which denied his application for coal workers’ pneumoconiosis benefits. He contends that the commission erred in refusing to admit an autopsy and related medical report as after-discovered evidence. We agree and reverse the decision of the commission.

The record discloses that claimant was diagnosed with coal workers’ pneumoconiosis on December 20, 1989, and filed an application for benefits on November 2, 1990. At a subsequent hearing before a deputy commissioner…