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STATE EX REL. BOAN v. RICHARDSON

No. 23667.

482 S.E.2d 162 (1996)

198 W.Va. 545

STATE of West Virginia ex rel. Latta BOAN, Petitioner, v. Andrew N. RICHARDSON, Workers' Compensation Commissioner, and Songer Construction Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1996.

Attorney(s) appearing for the Case

M. Jane Glauser, Tracy Cook, Seibert & Kasserman, Wheeling, for petitioner.

Landon R. Brown, Xueyan Zhang, Employment Programs Litigation Unit, Charleston, for respondent, Andrew N. Richardson, Commissioner.

Mark Mascio, Washington, PA, for respondent, Songer Construction Corporation.

ALBRIGHT, Justice:

This is an original proceeding in prohibition1 seeking to prevent the enforcement of W.Va.Code § 23-4-23(b) by respondent Commissioner of the Division of Workers' Compensation, insofar as that section requires the reduction of permanent total disability benefits paid to petitioner, Latta Boan, under our Workers' Compensation Act, W.Va.Code § 23-4-1, et seq.,<...

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