Hubbard v. SWCC and Pageton Coal Co.

NEELY, Justice,

concurring:

I concur to point out that this case applies only to a situation in which a timely claim was made initially and was improperly denied. It does not have the effect of opening up this entire area of the law for new applications for benefits under W. Va. Code, 23-4-10 [1978] merely because that statute is denominated “procedural.” If the claim was barred under earlier statutes, it is still barred.