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McPEEK v. P.W. & W. COAL COMPANY

169 S.E.2d 443 (1969)

210 Va. 185

Emmett McPEEK v. P. W. & W. COAL COMPANY, Inc., et al.

Supreme Court of Appeals of Virginia.

September 5, 1969.

Attorney(s) appearing for the Case

George C. Sutherland, Clintwood, for appellant.

Henry C. Johnson, Roanoke, Eugene K. Street, Grundy (H. A. Street, Street, Street & McGlothlin, Grundy, on brief), for appellees.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON CARRICO, GORDON and HARRISON, JJ.

CARRICO, Justice.

On April 21, 1966, Emmett McPeek, the claimant, filed with the Industrial Commission of Virginia an application for compensation alleging that he was totally disabled by reason of "silicosis in second or third stage" contracted while in the employ of P. W. & W. Coal Company, Inc., the employer. On November 23, 1966, the Commission, following a hearing, awarded the claimant compensation of $39.00 per week for 26 weeks from November 30, 1965, ...

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