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MARTIN v. WORKERS COMPENSATION DIV.

No. 28516.

557 S.E.2d 324 (2001)

210 W.Va. 270

Juanita MARTIN, Widow of Dana Martin, Deceased, Appellant, v. WORKERS' COMPENSATION DIVISION AND W-P COAL COMPANY, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2001.

Dissenting Opinion of Justice Maynard December 11, 2001.

Attorney(s) appearing for the Case

S.F. Raymond Smith, Esq., Rundle & Rundle, Pineville, for Appellant.

Sandra L. Evans, Esq., Charleston, for Appellee Workers' Compensation Division.

Harold S. Albertson, Esq., Albertson & Jones, Charleston, for Appellee W-P Coal Company.

McGRAW, Chief Justice.

Mrs. Juanita Martin appeals a decision of the Workers' Compensation Appeal Board that affirmed a denial of her late husband's claim for a permanent total disability award. She was substituted as a party to this action upon the death of her husband Dana Martin. Because we find that Mr. Martin's death does not affect the outcome of his appeal, and because we conclude that the Office of Judges and the...

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