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BUSH v. RICHARDSON

No. 23702.

484 S.E.2d 490 (1997)

199 W.Va. 374

Roberta Banks BUSH, Plaintiff Below, Appellant, v. Andrew N. RICHARDSON, Commissioner, West Virginia Bureau of Employment Programs, Division of Workers' Compensation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 21, 1997.

Attorney(s) appearing for the Case

George E. Lantz, Lantz & Tebay, Parkersburg, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Garrett M. Jacobs, Assistant Attorney General, Employment Programs Litigation Unit, Charleston, Laura Ellen Buchko, Legal Counsel, Workers Compensation Division, Charleston, for Appellee.

Thomas P. Maroney, J. Robert Weaver, Thomas P. Maroney, L.C., Charleston, for Amicus Curiae The West Virginia Labor Federation, AFL-CIO.

Barry Hill, Gompers, McCarthy, Hill & McClure, Weirton, Chairman of Amicus Curiae The West Virginia Trial Lawyers Association, Amicus Curiae Committee.

McHUGH, Justice:

The appellant, Roberta Banks Bush, appeals the January 9, 1996 order of the Circuit Court of Wood County which held in a declaratory judgment action that the appellant need not be fully compensated for her injuries (made whole) by the moneys received from a third-party tortfeasor before the appellee, Andrew N. Richardson, the Commissioner of the West Virginia Bureau of Employment Programs, Division of Workers' Compensation (hereinafter the "Commissioner...

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