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WILLIAMS v. ROBINSON

No. 18440.

376 S.E.2d 304 (1988)

Freeman WILLIAMS v. Nelson B. ROBINSON, Jr., Commissioner, West Virginia Workers' Compensation Fund.

Supreme Court of Appeals of West Virginia.

December 9, 1988.

Attorney(s) appearing for the Case

James M. Robinson, Baer, Robinson & Colburn, Huntington, for appellant.

Mary Lou Newberger, Atty. Gens. Office, for appellee.

McHUGH, Chief Justice:

Petitioner, Freeman Williams, seeks a writ of mandamus ordering the Workers' Compensation Commissioner to increase his benefit payments for a previously ordered permanent total disability (PTD) award. The petitioner contends that the Commissioner's method of recalculating benefits based on the annually adjusted state average weekly wage violates the legislative intent of a statutory escalator clause, which the petitioner contends is to be applied...

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