CARTER v. SPIELER

Nos. 19370, 19371.

394 S.E.2d 528 (1990)

Leonard CARTER v. Emily SPIELER, Workers' Compensation Commissioner. and Willie ADKINS and Arnold F. Griffith v. Emily SPIELER, Workers' Compensation Commissioner.

Supreme Court of Appeals of West Virginia.

June 7, 1990.


Attorney(s) appearing for the Case

James M. Robinson, Robinson & Rice, L.C., Huntington, for Leonard Carter, Willie Adkins and Arnold F. Griffith.

Roger W. Tompkins, Atty. Gen., Dawn E. Warfield, Deputy Atty. Gen., Atty. General's Office, Charleston, for Emily Spieler.


WORKMAN, Justice:

These two cases involve three individuals seeking to prohibit the Workers' Compensation Commissioner (Commissioner) from withholding alleged "overlapping" permanent partial disability (PPD) benefits from their respective permanent total disability (PTD) benefits through writs of mandamus and prohibition. Although these cases have not been consolidated, we will treat them as such for purposes of this opinion because the legal issue raised in each...

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