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WAMPLER FOODS v. WORKERS' COMP. DIV.

Nos. 31599, 31600, 31653.

602 S.E.2d 805 (2004)

216 W.Va. 129

WAMPLER FOODS, INC., Appellant, v. WORKERS' COMPENSATION DIVISION, Tammy S. Pancake, and Gregory Burton, Executive Director of Workers' Compensation Commission, Appellees. State of West Virginia, ex rel. Charles Thompson, Petitioner. v. Gregory A. Burton, Executive Director, West Virginia Workers' Compensation Commission, Respondent. State of West Virginia ex rel. Morris Yoakum, Robert Carpenter, Gale Fraley, Alan Kiblinger, Gilbert Kuehl, Robert Meadows, Leonard Davis, and Gene Martin, Petitioners v. Gregory A. Burton, Executive Director, West Virginia Workers' Compensation Commission, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2004.

Concurring Opinion of Justice Davis August 24, 2004.

Attorney(s) appearing for the Case

Claudia W. Bentley, Esq., Tracey A. Rohrbaugh, Esq., Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, Attorneys for Appellant Pilgrim's Pride Corp. (formerly Wampler Foods, Inc.).

F. Cody Pancake, III, Esq., Keyser, West Virginia, Attorney for Appellee Tammy S. Pancake.

Gregory S. Prudich, Esq., Sanders, Austin, Prudich & Flanigan, Princeton, West Virginia, Attorney for Petitioner Charles Thompson.

Timothy E. Huffman, Esq., Jessica Rodecker, Esq., Jackson Kelly PLLC, Charleston, West Virginia, Attorneys for Amicus Curiae West Virginia Chamber of Commerce.

Thomas J. Obrokta, Jr., Esq., Donald L. Hall, Esq., Richard M. Crynock, Esq., West Virginia Workers' Compensation Commission, Legal Services Division, Charleston, West Virginia, Attorneys for Respondent Gregory A. Burton.

Robert M. Bastress, Esq., Morgantown, Bradley J. Pyles, Esq., Logan, Don M. Stacy, Esq., Beckley, West Virginia, Attorneys for Petitioners Morris Yoakum, et al.

Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, Attorney for Amicus Curiae West Virginia Trial Lawyers Association.

PER CURIAM:

In these three consolidated cases, we are asked to consider four statutory changes made by the Legislature in the adoption of Senate Bill 2013 ("S.B.2013"), effective July 1, 2003. In each case, we are asked to examine whether and to what extent the statutory changes could constitutionally be applied retroactively to cases filed before July 1, 2003.

After careful consideration of the record in each case, the briefs and arguments of the parties...

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