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REPASS v. WORKERS' COMPENSATION DIV.

Nos. 27730, 28392.

569 S.E.2d 162 (2002)

212 W.Va. 86

William Wayne REPASS, Appellant, v. WORKERS' COMPENSATION DIVISION and USX Corporation/U.S. Steel Mining Company, Inc. Appellees. and Randall Z. Bower, Appellant, v. Workers' Compensation Division and Maple Meadow Mining Company, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2002.

Dissenting Opinion of Chief Justice Davis July 17, 2002.

Attorney(s) appearing for the Case

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

Don M. Stacy, Esq., Reginald D. Henry, Esq., Beckley, for Appellant Bower.

Darrell V. McGraw, Jr., Attorney General, Sandra Keech, Assistant Attorney General, Charleston, for Appellee Workers' Compensation Division.

Howard G. Salisbury, Esq., Kay, Casto & Chaney, PLLC, Charleston, for Appellee USX Corporation/U. S. Steel Mining Company.

John W. Woods, III, Esq., Tracy L. Webb, Esq., Bowles Rice McDavid Graff & Love, Charleston, for Appellee Maple Meadow Mining Company.

Timothy J. Huffman, Esq., John L. McClaugherty, Esq., Jackson & Kelly, Charleston, for Amicus Curiae West Virginia Chamber of Commerce.

Sue Anne Howard, Esq., Wheeling, for Amici Curiae West Virginia Trial Lawyers Association and West Virginia AFL-CIO.

William D. Turner, Esq., Crandall, Pyles, Haviland & Turner, LLP, Lewisburg, for Amicus Curiae West Virginia Trial Lawyers Association.

Thomas P. Maroney, Esquire, Charleston, for Amicus Curiae West Virginia AFL-CIO.

McGRAW, Justice.

Two workers' compensation claimants who suffered back injuries disagreed with the initial disability ratings granted them by the Workers' Compensation Division and appealed. In each case, the Office of Judges found that examinations conducted under one examination model were unreliable, and granted the claimants higher disability ratings. The employer in each case appealed, and the Workers' Compensation...

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