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SIMPSON v. WV. OFFICE OF INS. COM'R

No. 34368.

678 S.E.2d 1 (2009)

Thomas D. SIMPSON, Appellant, v. WEST VIRGINIA OFFICE OF the INSURANCE COMMISSIONER, and Independence Coal Company, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Gregory S. Prudich, Sanders, Austin, Flanigan & Aboulhosn, Princeton, WV, for Appellant.

Daniel G. Murdock, Associate Counsel, Offices of the Insurance Commissioner, Charleston, WV, for Appellee, West Virginia Office of the Insurance Commissioner.

Sean Harter, Charleston, WV, for Appellee, Independence Coal Company, Inc.

DAVIS, Justice:

The appellant herein, Thomas D. Simpson [hereinafter "Mr. Simpson"], appeals from an order entered January 23, 2007, by the Workers' Compensation Board of Review [hereinafter "the Board"]. By that order, the Board affirmed prior orders entered by the Workers' Compensation Commission [hereinafter "Commission"], which awarded Mr. Simpson a 13% permanent partial disability award [hereinafter "PPD"], and the Workers' Compensation Office of Judges [hereinafter...

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