HUBBARD v. SWCC AND PAGETON COAL CO.

No. 15237.

295 S.E.2d 659 (1982)

Virginia HUBBARD, Widow, etc. v. SWCC AND PAGETON COAL CO.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion September 3, 1982.


Attorney(s) appearing for the Case

J. W. Feuchtenberger, Kwass, Stone, McGhee & Feuchtenberger, Bluefield, for appellant.

Philip A. LaCaria, Welch, for appellee.


McGRAW, Justice:

This is an appeal from an order of the Workmen's Compensation Appeal Board, dated November 26, 1980, which affirmed the State Workmen's Compensation Commissioner's ruling denying the claimant's application for dependent death benefits on the ground that the commissioner did not have jurisdiction to consider the claim, and that the claim was untimely because it was not filed within two years of the death...

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