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PERSINGER v. PEABODY COAL CO.

No. 23023.

474 S.E.2d 887 (1996)

196 W.Va. 707

Roger PERSINGER, Plaintiff Below, v. PEABODY COAL COMPANY, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1996.

Attorney(s) appearing for the Case

Roger D. Forman, Mary Glass Newbrough, Forman & Crane, Charleston, for Plaintiff.

Gerard R. Stowers, Michael J. Schessler, Bowles, Rice, McDavid, Graff & Love, Charleston, for Defendant.

WORKMAN, Justice:

This case is before the Court upon the following certified questions posed by the July 26, 1995, order of the United States District Court of the Southern District of West Virginia at Beckley:

May an employee, who has filed a Workers' Compensation claim and who has been awarded benefits by the West Virginia Workers' Compensation Fund, maintain a cause...

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