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ALLEN v. WORKERS' COMP. COM'R & CONSOL. COAL

No. 16047.

314 S.E.2d 401 (1984)

Richard P. ALLEN v. WORKERS' COMPENSATION COMMISSIONER AND CONSOLIDATION COAL CO.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 9, 1984.

Attorney(s) appearing for the Case

Riley & Broadwater, Wheeling, for appellant.

Phillips, Gardill, Hazlett & Kaiser, Wheeling, for appellee.

HARSHBARGER, Justice:

Richard P. Allen appeals from an order of the Workers' Compensation Appeal Board that granted Consolidation Coal Company's application for modification of his temporary total disability benefits. We are asked to decide whether the procedure employed by the Workers' Compensation Commissioner and Appeal Board gave Allen due process.

Allen worked in coal mines for ten years. On June 13, 1980, he hurt his back lifting a steel bar, but continued...

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