Franklin Anderson v. State Workers‪'‬

1. An employee involved in a workers' compensation case in litigation will receive the benefit of procedural statutory changes favorable to the employee wherever possible. Pnakovich v. State Workmen's Compensation Comm'r, 163 W.Va. 583, 592, 259 S.E.2d 127, 132 (1979). 2. In an occupational pneumoconiosis claim, where the claimant is still working, the date of injury for the purpose of determining the benefit rate will not be readjusted periodically to reflect additional exposure to the hazards of pneumoconiosis subsequent to the date of application for compensation benefits.