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McKAY v. N.H. COMPENSATION APPEALS BD.

No. 97-151, 97-414.

143 N.H. 722 (1999)

JAMES D. MCKAY v. NEW HAMPSHIRE COMPENSATION APPEALS BOARD & a. APPEAL OF JAMES D. MCKAY (New Hampshire Compensation Appeals Board)

Supreme Court of New Hampshire.

July 8, 1999.

Attorney(s) appearing for the Case

Law Offices of David J. KillKelley, of Laconia (David J. KillKelley on the brief and orally), for the petitioner, James D. McKay.

Sulloway & Hollis, P.L.L.C., of Concord (Martin L. Gross and Timothy A. Gudas on the brief, and Mr. Gross orally), for the respondents, Katie Flo's Cafe, Inc. and Liberty Mutual Insurance Company.

Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief), for the State of New Hampshire, as amicus curiae.

BRODERICK, J.

In these consolidated cases, the petitioner, James D. McKay, appeals the Superior Court's (Perkins, J.) dismissal of his petition for injunctive relief and writ of mandamus, and the New Hampshire Compensation Appeals Board's (CAB) decision reducing his benefits. He argues that certain provisions of the Workers' Compensation Law, RSA chapter 281-A, violate the State Constitution because they deprive him of an impartial, judicial tribunal, and that...

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