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JOHNSON v. OFFICE OF INS. COM'R

No. 35382.

704 S.E.2d 650 (2010)

Charles L. JOHNSON, dependent son of Louis E. Johnson, deceased, Appellant v. WEST VIRGINIA OFFICE OF the INSURANCE COMMISSIONER, and Foote Mineral Company, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Edwin H. Pancake, Esq. , Maroney, Williams, Weaver & Pancake, Charleston, WV, for Appellant.

Karin L. Weingart, Esq. , Spilman, Thomas & Battle, Charleston, WV, for Foote Mineral Company.

David L. Stuart, Esq. , Workers' Compensation Litigation Division, Charleston, WV, for the Office of the Insurance Commissioner as Administrator of the Old Fund.

PER CURIAM:

This workers' compensation claim is before this Court upon the appeal of Charles L. Johnson from the September 17, 2008, order of the West Virginia Workers' Compensation Board of Review, which affirmed the administrative termination of his dependents' death benefits.

Upon review, this Court is of the opinion that Charles L. Johnson has a statutory right under the West Virginia Workers' Compensation Act to the continuation of his dependents' death...

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