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STATE EX REL. McKENZIE v. SMITH

No. 29645.

569 S.E.2d 809 (2002)

212 W.Va. 288

STATE of West Virginia ex rel. Michael M. McKENZIE, Petitioner, v. Robert J. SMITH, Commissioner, Bureau of Employment Programs, Workers' Compensation Division, and Simonton Building Products, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2002.

Dissenting Opinion of Justice Maynard July 9, 2002.

Dissenting Opinion of Chief Justice Davis July 17, 2002.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr., Esq., Cohen, Abate & Cohen, L.C., Morgantown, for the Petitioner.

James M. Robinson, Esq., Robinson & Rice, L.C., Huntington, Amicus Curiae.

Grant Crandall, Esq., United Mineworkers of America, Fairfax, for Amicus Curiae United Mineworkers of America.

Thomas P. Maroney, Esq., West Virginia State Labor Federation, AFL-CIO, Charleston, for Amicus Curiae West Virginia State Labor Federation, AFL-CIO.

Richard M. Crynock, Esq., Bureau of Employment Programs, Charleston, for Respondent Robert J. Smith.

Ancil G. Ramey, Esq., Misty L. Heitz, Esq., Steptoe & Johnson, PLLC, Charleston, for Respondent Simonton Building Products, Inc.

Timothy E. Huffman, Esq., Jackson & Kelly, Charleston, for Amicus Curiae West Virginia Business and Industry Council.

STARCHER, Justice.

The instant case is a petition seeking a writ of mandamus directed to Robert J. Smith, the Commissioner of the West Virginia Workers' Compensation Division ("Commissioner"). The Commissioner is charged with disbursing the Workers' Compensation Fund to workers who receive injuries in the course of and resulting from their employment. W.Va.Code, 23-4-1 [1989].

The petitioner seeks a writ...

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