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BIAS v. WORKERS' COMPENSATION COM'R

No. 18975.

381 S.E.2d 743 (1989)

Johnny BIAS v. WORKERS' COMPENSATION COMMISSIONER and Eastern Associated Coal Corporation.

Supreme Court of Appeals of West Virginia.

June 8, 1989.

Attorney(s) appearing for the Case

Lawrence W. Burdette, Jr., Charleston, for Johnny Bias.

Sarah E. Smith, Bowles, McDavid, Graff & Love, Charleston, for Eastern Assoc. Coal Corp.

NEELY, Justice:

The claimant appeals from a final order of the Workers' Compensation Appeal Board that did not consider the merits of his case, but rather, dismissed his appeal because his lawyer failed to submit a brief accompanied by a proper certificate of service. The issue is whether the Workers' Compensation Appeal Board was justified in dismissing the claimant's appeal because of his lawyer's failure to follow the rules and procedures of the Appeal Board. Because...

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