SEWELL COAL CO. v. DIRECTOR, O.W.C.P.

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. Raya Jarawan, Washington and Lee University, Legal Clinic, School of Law, Lexington, Virginia; Barry H. Joyner, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents. ON BRIEF: Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. Renae Reed Patrick, Mary Z. Natkin, Virginia H. Rogers, Washington and Lee University, Legal Clinic, School of Law, Lexington, Virginia, for Respondent William Dempsey. Jonathan L. Snare, Acting Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.

Vacated and remanded by published opinion. Judge O'GRADY wrote the opinion, in which Chief Judge WILLIAMS and Judge NIEMEYER joined.