Rhodes v. Workers' Compensation Division

DAVIS, Justice:

In this appeal from a decision of the Workers’ Compensation Appeal Board, a Workers’ Compensation claimant argues that his claim for benefits for occupational pneumoconiosis was improperly denied. We find that when a *10party objects to the findings and conclusion of the Occupational Pneumoconiosis Board, made in connection with a Workers’ Compensation claim for occupational pneumoconiosis benefits, and submits new medical evidence in connection with the objection, W. Va.Code § 23-4-8c(d) (1993) (Repl.Vol.1998) requires the objecting party to bear the burden of questioning the…