Meadows v. Workmen's Compensation Commissioner

I respectfully dissent from the majority opinion in this case for the simple reason that I do not believe the Commissioner and the Appeal Board, the fact finding bodies, were clearly wrong when they found, after proper hearings, that the claimant was not exposed to the hazard of occupational pneumoconiosis for the required statutory period of time while in the employ of FMC.

Code, 23-4-15b, as amended, provides that the Commissioner shall determine whether the claimant was exposed to the hazard of occupational pneumoconiosis. This initial finding of non-medical facts must be made by the…