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ROUSE v. WCC

No. 16813.

342 S.E.2d 229 (1986)

Ruth M. ROUSE, etc. v. WCC and Pocahontas Fuel Company.

Supreme Court of Appeals of West Virginia.

April 2, 1986.

Attorney(s) appearing for the Case

Dawn E. Warfield, Workers' Compensation Fund, Charleston, for appellant.

Jackson, Kelly, Holt & O'Farrell, Charleston, Robert J. Busse, John L. McClaugherty, for appellees.

NEELY, Justice:

The case before us today presents solely a question of legal metaphysics. No one disputes that the claimant widow, Ruth M. Rouse, is entitled to a lump sum award of benefits pursuant to W.Va. Code, 23-4-10(e) [1978]. Rather the controversy centers in whether the West Virginia Workers' Compensation Fund or the Pocahontas Fuel Company will ultimately pay the award. The talisman in this matter is whether the lump sum award of death benefits to...

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