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FUCILLO v. WORKERS' COMPENSATION COM'R

No. 18527.

378 S.E.2d 637 (1988)

Antonio FUCILLO v. WORKERS' COMPENSATION COMMISSIONER and Consolidation Coal Company.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion December 31, 1988.

Attorney(s) appearing for the Case

Rocco Fucillo, Fairmont, for Antonio Fucillo.

Furbee, Amos, Webb & Critchfield, Billy B. Atkins, Morgantown, for Consol. Coal Co.

NEELY, Justice:

In 1982, this Court in Bailey v. State Workmen's Compensation Comm'r., ___ W.Va. ___, 296 S.E.2d 901 (1982), held that time limitations established for objections, protests or appeals under the Workers' Compensation Act are not jurisdictional, but procedural. In 1986, the West Virginia legislature amended the Workers' Compensation Act to provide that time limitations are jurisdictional and adherence to the...

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