# Hubbard v. SWCC and Pageton Coal Co.

> West Virginia Supreme Court · September 3, 1982 · 170 W. Va. 572

URL: https://www.frixlaw.com/law-library/cases/9856302

## Case

- **Full name:** Virginia HUBBARD, Widow, Etc. v. SWCC AND PAGETON COAL CO.
- **Court:** West Virginia Supreme Court
- **Decided:** September 3, 1982
- **Citations:** 170 W. Va. 572; 295 S.E.2d 659
- **Precedential status:** Published
- **Opinion:** Concurrence by Neely
- **Judges:** McGraw, Neely, Miller
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9856302

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9856302. Public record. Not legal advice.