BOYD v. MERRITT

No. 17061.

354 S.E.2d 106 (1987)

Paul W. BOYD v. Mary Martha MERRITT, Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 10, 1987.


Attorney(s) appearing for the Case

Timothy G. Leach, Charleston, for appellant.

Atty. Gen. Charlie Brown, Asst. Atty. Gen. Robert Pollitt, Charleston, for appellee.

W. Va. Coal Ass'n by Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty, Allen R. Prunty, Charleston, Arcmo, Inc. by Shaffer & Shaffer, Anthony J. Cicconi, Madison, for amicus curiae.


NEELY, Justice:

The question presented for our decision in this original mandamus action is whether the Workers' Compensation Commissioner may apply emergency rules for evaluating the results of blood gas studies to occupational pneumoconiosis claims pending at the time the rules were promulgated. For the reasons stated below, we answer in the affirmative, and decline to issue the writ.

The facts are as follows: On 14 April 1983, petitioner Paul W. Boyd filed...

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