LAMBERT v. WORKERS' COMPENSATION DIV.

Nos. 30041-30043.

566 S.E.2d 573 (2002)

211 W.Va. 436

Harvey LAMBERT, Appellant, v. WORKERS' COMPENSATION DIVISION and Vecellio & Grogan, Inc., Appellees. and Billy Payne, Jr., Appellant, v. Workers' Compensation Division and Smith International, Inc. Appellees. and Columbus Baisden, Appellant, v. Workers' Compensation Division and Hatfield Contracting Service Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 26, 2002.

Concurring and Dissenting Opinion of Justice Maynard July 3, 2002.


Attorney(s) appearing for the Case

Jerry D. Alford, Alum Creek, West Virginia, Attorney for Appellant Harvey Lambert.

James M. Robinson, Robinson & Rice, L.C., Huntington, West Virginia, Attorney for Appellant Columbus Baisden.

Otis R. Mann, Jr., Charleston, West Virginia, Attorney for Appellant Billy Payne, Jr.

Darrell V. McGraw, Jr., Attorney General, Sandra L. Evans, Assistant Attorney General, Employment Programs Litigation Unit, Charleston, West Virginia, Attorneys for Appellee, Workers' Compensation Division.


DAVIS, Chief Justice:

In two1 workers' compensation cases, which have been consolidated for purposes of this Court's review, claimants who have been awarded permanent total disability challenge the date determined to be the onset of their total disability. In each case the date of onset of total disability was set by the date of an examination report that concluded the claimant was permanently...

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