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ADKINS v. WORKERS' COMPENSATION COM'R

No. 16364.

330 S.E.2d 329 (1985)

Jay A. ADKINS v. WORKERS' COMPENSATION COMMISSIONER, and U.S. Steel Mining Co., Inc.

Supreme Court of Appeals of West Virginia.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Timothy G. Leach, U.M.W.A., Charleston, for appellant.

Kevin A. Nelson, Love, Wise & Woodroe, Charleston, for appellee.

Mary Lou Newberger, WCC, Charleston, for WCC.

MILLER, Justice:

The principal issue on this appeal is the authority of the Workers' Compensation Commissioner to dismiss an employee's claim for temporary total disability benefits and require repayment of all benefits received. The employee had failed to appear at a hearing after being notified by the Commissioner to appear and did not respond to the Commissioner's subsequent fifteen-day notice letter which requested the employee to show good cause for his nonappearance...

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