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HONAKER v. STATE WORKMEN'S COMP. COM'R

Nos. 15615, 15587.

298 S.E.2d 893 (1982)

Harry D. HONAKER v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Carbon Fuel Co. Janet Sue McCALLISTER v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Southern Appalachian Coal Co.

Supreme Court of Appeals of West Virginia.

December 15, 1982.

Attorney(s) appearing for the Case

Timothy G. Leach, Charleston, for appellants Harry D. Honaker and Janet Sue McCallister.

Kim Brown Poland and George W.S. Grove, Jr., Love, Wise, Robinson & Woodroe, Charleston, for appellee Carbon Fuel Co.

M. Ann Bradley and Joseph M. Price, Love, Wise, Robinson & Woodroe, Charleston, for appellee Southern Appalachian Coal Co.

MILLER, Chief Justice:

In these consolidated Workmen's Compensation appeal cases, we determine whether the commissioner has correctly applied Mitchell v. State Workmen's Compensation, W.Va., 256 S.E.2d 1 (1979), where we held that the commissioner has authority to invoke the issue of terminating total temporary disability on his own initiative in certain circumstances.1 We will discuss each case...

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