Duncan v. McNitt Coal Co.

Bruñe, C. J.,

delivered the opinion of the Court.

The claimant, George Duncan, appeals from an order of the Circuit Court for Allegany County affirming a decision of the State Industrial Accident Commission (the “Commission”) which disallowed a claim under the Workmen’s Compensation Act for disability alleged to have been caused by an occupational disease, silicosis. The appellees are the appellant’s employer, The McNitt Coal Company, and the State Accident Insurance Fund, the insurer.

The claimant was employed for forty years as a miner mostly by The McNitt Coal Company, but at times by other…