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IPI, INC. v. BURTON

No. 31858.

617 S.E.2d 531 (2005)

217 W.Va. 181

IPI, INC., Petitioner Below, Appellant v. Gregory A. BURTON, in His Capacity as Acting Commissioner, West Virginia Bureau of Employment Programs, Workers' Compensation Division, and West Virginia Division of Transportation, Division of Highways, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 16, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

Kenneth E. Webb, Jr., Esq., Jennifer L. Dowdy, Esq., Bowles Rice McDavid Graff & Love, Charleston, West Virginia, Attorneys for Appellant.

William L. Ballard, Esq., Larry M. Bonham, Esq., Legal Services Division, Charleston, West Virginia, Attorney for Bureau of Employment Programs.

MAYNARD, Justice:

Appellant IPI, Inc. appeals the September 19, 2003, order of the Circuit Court of Kanawha County that upheld a May 22, 2001, order of the Commissioner of the West Virginia Bureau of Employment Programs Workers' Compensation Division. The Commissioner's order adopted the recommended decision of the Workers' Compensation Division Hearing Examiner that IPI, Inc. is the successor to North American Construction, Inc. and, as successor, is liable for the...

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