Bannister v. State Workmen's Compensation Commissioner

Berry, Judge:

This in an appeal by the Island Creek Coal Company, hereinafter referred to as employer, from an order of the Workmen’s Compensation Appeal Board of January 23, 1970 which affirmed an order of the State Workmen’s Compensation Commissioner of August 21, 1969 which found that the claimant, Alex Bannister, was totally and permanently disabled from the combined effect of silicosis and preexisting diseases of asthma and emphysema, and accordingly granted him an award of total and permanent disability. The Commissioner’s order which was affirmed found that 40 per cent of the claimant’s…