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WINGROVE v. WORKERS' COMPENSATION DIV.

No. 26988.

538 S.E.2d 378 (2000)

Kathie WINGROVE, Widow of Robert Wingrove, Deceased, Petitioner Below, Appellant, v. WORKERS' COMPENSATION DIVISION and Consolidation Coal Company, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 12, 2000.

Attorney(s) appearing for the Case

M. Jane Glauser, Esq., Jonathan C. Bowman, Esq., Seibert & Kasserman, L.C., Wheeling, West Virginia, Attorneys for the Appellant.

Edward M. George, III, Esq., Janette D. Simmons, Esq., Phillips, Cardill, Kaiser & Altmeyer, Wheeling, West Virginia, Attorneys for Appellee, Consolidation Coal Company.

McGRAW, Justice:

This appeal arises from an order of the Workers' Compensation Appeal Board dated November 30, 1998 which reversed an order of the Workers' Compensation Office of Judges awarding Robert C. Wingrove a permanent total disability award with an onset date of October 16, 1992. After the appeal was granted, Mr. Wingrove died and his dependent widow, Kathie Wingrove, was substituted as the petitioner. The threshold question presented in this case concerns...

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