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ANDERSON v. RICHARDSON

No. 21772.

446 S.E.2d 710 (1994)

191 W.Va. 488

Walter ANDERSON, Howard Ashworth, Lyle Atkins, Henry Bates, Naamon Bird, Ricie Boggs, Terry Burchfield, James Caldwell, Harold Cole, Freddie Flowers, James Green, Lewanda Hanshaw, George Harbour, Wiley Harris, Ernest Hayhurst, Delmar Jarrell, Marshall Jeffers, Michael Martin, Bernard Miller, Richard Miller, Dale Moore, Paul Morris, Homer Murphy, Alma Pauley, Woodrow Richmond, Willie Roop, Ernest Squires, Ormon Yeager and Bobbie Young, Petitioners, v. Andrew N. RICHARDSON, Workers' Compensation Commissioner, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 8, 1994.

Attorney(s) appearing for the Case

Gregory W. Evers, Franklin W. Kern, Legal Corp., Charleston, for petitioners.

Shawn A. Taylor, Asst. Atty. Gen., Charleston, for respondent.

MILLER, Justice:

In this original proceeding in mandamus, we are asked to require Andrew N. Richardson, the Workers' Compensation Commissioner, to perform certain mandatory duties contained in the Workers' Compensation Act (Act), W.Va.Code, 23-1-1, et seq.

I.

One of the issues presented is the impact of the abolishment of W.Va.Code, 23-5-1j (1990), in 1993. This subsection authorized the Office of Judges to remand claims for permanent total...

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