WEST VIRGINIA CWP FUND v. BENDER

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly , Jackson Kelly PLLC, Morgantown, West Virginia, for Petitioner. Sean Gregory Bajkowski , United States Department of Labor, Washington, D.C.; Roger Daniel Forman , Law Office of Roger D. Forman, Buckeye, West Virginia, for Respondents. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Maia S. Fisher , Deputy Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Petition for review denied by published opinion. Judge KEENAN wrote the opinion, in which Judge FLOYD and Judge HARRIS joined.