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BOWERS v. WEST VIRGINIA OFFICE OF INS.

Nos. 35036, 34672.

686 S.E.2d 49 (2009)

Ernie L. BOWERS, Appellant, v. WEST VIRGINIA OFFICE OF the INSURANCE COMMISSIONER and Lightning Contract Service, Inc., Appellees. Darrell W. Dotson, Appellant, v. West Virginia Office of the Insurance Commissioner and Meadow River Coal Company, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 29, 2009.

Attorney(s) appearing for the Case

Linda Garrett, Linda Nelson Garrett, P.L.L.C., Summersville, WV, for the Appellant, Ernie Bowers.

Gregory W. Sproles, Breckinridge, Davis, Sproles & Chapman, PLLC, Summersville, WV, for the Appellant, Darrell W. Dotson.

Kristin P. Halkias, Workers' Compensation Litigation Division, Charleston, WV, for the Appellee, West Virginia Insurance Commissioner, in Mr. Bowers's Appeal (Case Number 35036).

Daniel G. Murdock, Office of Insurance Commissioner, Gary M. Mazezka, Workers' Compensation Litigation Division, Charleston, WV, for the Appellee, West Virginia Insurance Commissioner, in Mr. Dotson's Appeal (Case Number 34672).

DAVIS, Justice:

The instant matter consists of two appeals from the Workers' Compensation Board of Review (hereinafter "the Board") that have been consolidated because they present the same issue for this Court's consideration and resolution. In both cases, the claimant suffered a work-related injury in the course of and as a result of his employment. Both claimants have continued to experience pain from their work-related injuries, neither claimant has been able...

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