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STATE EX REL. FRAZIER v. HRKO

No. 25136.

510 S.E.2d 486 (1998)

203 W.Va. 652

STATE of West Virginia, ex rel. Robert FRAZIER and Lindy Lee Frazier, By Robert Frazier, her next friend, Petitioners, v. The Honorable John HRKO, Judge of the Circuit Court of Wyoming County, West Virginia; Eastern Associated Coal Corporation, a West Virginia Corporation; Pocahontas Land Corporation, a Foreign Corporation; Chris Cline, individually and as president of Pioneer Fuel Corporation; Pioneer Fuel Corporation, a West Virginia corporation; Top Flite Coal Company, Inc., a West Virginia corporation; and Justin Construction Company, a West Virginia corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 7, 1998.

Attorney(s) appearing for the Case

Stuart Calwell, Esq., Mary McQuain, Esq., Calwell & McCormick, Tom Wilson, Esq., Wilson Law Offices, Charleston, West Virginia, Attorneys for Petitioner.

Scott W. Andrews, Esq., Offutt, Fisher & Nord, Huntington, West Virginia, Attorney for Respondent Top Flite Coal Company, Inc.

Donald O'Dell, Esq., Lamp, O'Dell, Bartram, Entsminger, Levy & Trautwein, Huntington, West Virginia, Attorney for Respondent Pioneer Fuel Corporation.

William R. Slicer, Esq., Shuman, Annand & Poe, Charleston, West Virginia, Attorney for Respondent Eastern Associated Coal Corporation.

STARCHER, Justice:

This petition for a writ of prohibition arises from a lawsuit in which the petitioner, Robert Frazier, alleged he was injured on the job through the negligence of his employer, a company (or possibly two companies) that had been declared in default of the employer's obligations under the West Virginia Workers' Compensation Act ("the Act"). Under the Act, if an employer fails to abide by certain statutory requirements, then the employer forfeits...

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