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STATE EX REL. DAVIS v. VIEWEG

No. 26845.

529 S.E.2d 103 (2000)

206 W.Va. 83

STATE of West Virginia ex rel. Robert DAVIS, Petitioner, v. William F. VIEWEG, Commissioner, Bureau of Employment Programs, Workers' Compensation Division and Wal-Mart Stores, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided January 28, 2000.

Attorney(s) appearing for the Case

Kelly Elswick Hall, Howley & Venezia, Charleston, West Virginia, Attorney for Petitioner.

Frederick G. Staker, III, Assistant Attorney General, Employment Programs, Litigation Unit, Charleston, West Virginia, Attorney for Respondent Commissioner Vieweg.

Wendy D. Young, Carter & Young, Charleston, for Respondent Wal-Mart.

DAVIS, Justice:

Robert Davis sought a writ of mandamus to compel William Vieweg, Commissioner of the Workers' Compensation Division (hereinafter referred to as "Commissioner"), to issue protestable order rulings on three matters concerning Mr. Davis' Workers' Compensation claim.1 Specifically, Mr. Davis sought to have the Commissioner rule upon his requests: first, to find his right ankle fracture...

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