Fenton Art Glass Company v. WVOIC and Jack L. Garrison

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The Petitioner/Employer, the Fenton Art Glass Company, appeals from an Order of the Workers’ Compensation Board of Review dated May 30, 2006, which reversed a December 15, 2004, Order from the decision of the Workers’ Compensation Office of Judges. The Board of Review granted the claimant a 5% statutory permanent partial disability award for occupational pneumoconiosis. The Employer contends that the BOR’s decision to grant 5% impairment is contrary not only to the evidence of record, but to the applicable law.