STATE EX REL. ACF INDUSTRIES v. VIEWEG

No. 25142.

514 S.E.2d 176 (1999)

204 W.Va. 525

STATE of West Virginia ex rel. ACF INDUSTRIES, INC.; Wheeling-Pittsburgh Steel Corporation; Elkay Mining Company; and Consolidation Coal Company, Petitioners, v. William F. VIEWEG, Commissioner, Workers' Compensation Division, Bureau of Employment Programs; Danny J. Stover; and Melanie McGhee, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 5, 1999.


Attorney(s) appearing for the Case

John L. McClaugherty, Timothy E. Huffman, Jackson & Kelly, Charleston, West Virginia, Attorneys for the Petitioners.

Darrell V. McGraw, Jr., Attorney General, Garrett L. Jacobs, Assistant Attorney General, Donald L. Hall, Senior Counsel, Workers' Compensation Division, Bureau of Employment Programs, Charleston, West Virginia, Attorneys for Respondent Commissioner Vieweg.

Don M. Stacy, Beckley, West Virginia, Attorney for Respondent Stover.

Sue Anne Howard, Wheeling, West Virginia, Attorney for Respondent McGhee.

Sarah E. Smith, Phyllis M. Potterfield, Tracy L. Webb, Bowles Rice McDavid Graff & Love, PLLC, Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Manufacturers Association.

W. Stuart Calwell, Jr., Calwell & McCormick, Charleston, West Virginia, Attorney for Amici Curiae, Affiliated Construction Trades Foundation and West Virginia Building and Construction Trades Council, AFCIO.

Thomas P. Maroney, Thomas P. Maroney, L.C., Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia AFL-CIO.

Henry C. Bowen, Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Self-Insurers Association.


DAVIS, Justice:

In this original jurisdiction proceeding, the petitioners herein, ACF Industries, Inc., Wheeling-Pittsburgh Steel Corporation, Elkay Mining Company, and Consolidation Coal Company [hereinafter "the petitioners" or "the petitioning employers"], seek a writ of mandamus to compel the respondent herein, William F. Vieweg, Commissioner of the Workers' Compensation Division of the Bureau of Employment Programs...

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