Whittaker v. Pollard

OPINION OF THE COURT

This workers’ compensation appeal results from a motion to reopen a claim for coal workers’ pneumoconiosis which had been settled with the employer and litigated against the Special Fund. It concerns whether the claimant was required to seek benefits at reopening from the employer as well as from the Special Fund.

Claimant sought workers’ compensation benefits upon allegations of coal workers’ pneumoconiosis and a work-related hearing loss. The claims were consolidated. With regard to the pneumoconiosis claim which is presently at issue, the parties stipulated that claimant…