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BEVINS v. OFFICE OF INS. COM'R

Nos. 35548, 35219.

708 S.E.2d 509 (2010)

Charles W. BEVINS, Appellant, v. WEST VIRGINIA OFFICE OF the INSURANCE COMMISSIONER and Mountain Energy, LLC, Appellees. Marty L. Greathouse, Appellant, v. West Virginia Office of the Insurance Commissioner and the Wackenhut Corporation, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 14, 2010.

Attorney(s) appearing for the Case

William B. Gerwig, III , Charleston, WV, for Appellant, Charles W. Bevins .

Anna L. Faulkner , Workers' Compensation Defense Division, Charleston, WV, for Appellee, West Virgina Insurance Commissioner.

G. Patrick Jacobs , The Law Office of G. Patrick Jacobs, L.C., Charleston, WV, for Appellant, Marty L. Greathouse.

Jack M. Rife , Workers' Compensation Litigation, Division, Charleston, WV, for Appellee, West Virginia Insurance Commissioner.

DAVIS, Chief Justice:

The instant proceeding consists of two consolidated appeals, both of which present the same issue for this Court's resolution: is an injured worker entitled to receive temporary total disability workers' compensation benefits (hereinafter referred to as "TTD benefits")1 while he/she also is receiving Social Security disability benefits2 in connection with the same compensable injury? In...

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