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MULLENS v. STATE WORKMEN'S COMPENSATION COM'R

No. 13611.

223 S.E.2d 604 (1976)

Cecil H. MULLENS v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Island Creek Coal Co.

Supreme Court of Appeals of West Virginia.

April 6, 1976.

Attorney(s) appearing for the Case

William Mitchell, Legal Div., Workmen's Compensation Commission, Charleston, for Compensation Commissioner.

Dan O. Callaghan, Richwood, for appellee.

NEELY, Justice:

This appeal from the Workmen's Compensation Appeal Board involves a controversy between the Workmen's Compensation Commissioner and Island Creek Coal Company, an employer who has elected to provide its own system of compensation under W.Va.Code, 23-2-9 [1947].1 The question presented is whether a self-insured employer who pays into the surplus fund, W.Va.Code, 23-3-1 [1947] is responsible for continuing medical...

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