¶1concurring.
¶2(Filed Dee. 5, 2000)
¶3I 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 venti-latory function tests in occupational pneumo-coniosis 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.