FITZGERALD v. FITZGERALD

No. 33043.

639 S.E.2d 866 (2006)

Patricia E. FITZGERALD, Petitioner Below, Respondent, v. Earl L. FITZGERALD, Respondent Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2006.

Dissenting Opinion of Justice Albright December 8, 2006.

Concurring Opinion of Justice Benjamin January 4, 2007.


Attorney(s) appearing for the Case

Shawn D. Bayliss, Bayliss & Phalen, PLLC, Charleston, for the Petitioner, Earl L. Fitzgerald.

Beverly S. Selby, Charleston, for the Respondent, Patricia Fitzgerald.


DAVIS, Chief Justice:

This case comes before the Court upon questions certified by the Circuit Court of Putnam County inquiring whether a spouse's workers' compensation permanent total disability benefits constitute marital property or separate property for purposes of equitable distribution, and, based upon the classification of such benefits, how they should then be distributed to the parties. Upon a review of the parties' arguments, the record of the proceedings...

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