Boggess v. WCD and Union Carbide (concurring)

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No. 27056 - Robert L. Boggess v. Workers Compensation Division and Union Carbide Corporation No. 27057 - Robert L. Payne v. Workers Compensation Division and Affiliated Transport, Inc., Montgomery Tank Lines and Chemical Leaman Tank Lines FILED RELEASED December 5, 2000 Maynard, Chief Justice, concurring: December 6, 2000 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I agree with the Court s construction of Title 85 of the West Virginia Code of State Rules, Series 1, § 20.8.5 (b). I write separately to highlight my belief that the Kory standard for interpreting the results of ventilatory function tests in occupational pneumoconiosis claims is bad and unfair to workers. However, the decision to use the Kory standard is a legislative matter, and courts must not legislate no matter how much we do not like the statute or rule in question.

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