VERIZON WV v. WV BUREAU OF EMPL. PROGRAMS

Nos. 30899-30901.

586 S.E.2d 170 (2003)

214 W.Va. 95

VERIZON WEST VIRGINIA, INC., et al., Petitioners Below, Eastern Associated Coal Corporation, Appellant, v. WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS, WORKERS' COMPENSATION DIVISION, Respondent Below, Appellee. Verizon West Virginia, Inc., et al., Petitioners Below, Weirton Steel Corporation, Appellant, v. West Virginia Bureau Of Employment Programs, Workers' Compensation Division, Respondent Below, Appellee. Verizon West Virginia, Inc., et al., Petitioners Below, Pine Ridge Coal Company, Appellant, v. West Virginia Bureau Of Employment Programs, Workers' Compensation Division, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2003.

Dissenting Opinion of Justice Maynard July 2, 2003.

Concurring Opinion of Chief Justice Starcher July 9, 2003.

Dissenting Opinion of Justice Davis July 9, 2003.


Attorney(s) appearing for the Case

Michael W. Carey, Carey, Scott and Douglas, PLLC, Phillip J. Combs, Allen, Guthrie & McHugh, Charleston, for the Appellant, Eastern Associated Coal Corporation.

Ancil G. Ramey, Henry C. Bowen, Michelle E. Piziak, Steptoe & Johnson, PLLC, Charleston, for the Appellant, Weirton Steel Corporation.

Sarah E. Smith, Heather G. Harlan, Bowles Rice McDavid Graff & Love, PLLC, Charleston, for the Appellant, Pine Ridge Coal Company.

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Christie S. Utt, Assistant Attorney General, Randall B. Suter, Senior Counsel, WV Bureau of Employment Programs, Charleston, for the Appellee.


ALBRIGHT, Justice:

This case involves the consolidated appeals of three employers, Eastern Associated Coal Corporation (hereinafter "EACC"), Pine Ridge Coal Company (hereinafter "Pine Ridge") and Weirton Steel Corporation (hereinafter "Weirton Steel") from the January 17, 2002, final order of the Circuit Court of Kanawha County. The final order affirmed the November 30, 2000...

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