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  5. 591 S.E.2d 329 (2003)
 

STATE EX REL. BEIRNE v. SMITH

Nos. 31534, 31537.

591 S.E.2d 329 (2003)

214 W.Va. 771

STATE of West Virginia ex rel. William R. BEIRNE, Petitioner v. Robert J. SMITH, Commissioner, West Virginia Bureau of Employment Programs, Respondent. State of West Virginia ex rel. Delano Bradley, Petitioner v. Robert J. Smith, Commissioner, West Virginia Bureau of Employment Programs, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 5, 2003.

Concurring Opinion of Justice Maynard December 8, 2003.

Attorney(s) appearing for the Case

Linda Garrett Dyer, Jared M. Tully, Linda Nelson Garrett, PLLC, Summersville, for William R. Beirne, Petitioner.

Thomas N. White, III, The Calwell Practice, PLLC, Charleston, for Delano Bradley, Petitioner.

Thomas J. Obrokta, Jr., Richard M. Crynock, Workers' Compensation Commission, Legal Services Division, Charleston, for Respondent.

PER CURIAM:

I.

FACTS

We have consolidated two cases in this opinion, because both petitioners have had their permanent total disability (sometimes abbreviated at "PTD") benefits terminated because of their age. Because these are original proceedings, we have only a limited record in each case and know little of the underlying events leading to each petitioner's injury.1<...

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