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JUSTICE v. WEST VIRGINIA OFFICE INS. COM'N

No. 11-0113.

736 S.E.2d 80 (2012)

Roy JUSTICE, Petitioner v. WEST VIRGINIA OFFICE INSURANCE COMMISSION and Lowe's Home Centers, Inc., Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 14, 2012.

Attorney(s) appearing for the Case

Otis R. Mann, Jr. , Law Office of Otis R. Mann, Jr., Charleston, WV, for Petitioner.

H. Toney Stroud , Steptoe and Johnson , PLLC, Charleston, WV, for Respondent, Lowe's Home Centers, Inc.

McHUGH, Justice:

Petitioner Roy Justice appeals from the December 22, 2010, order of the West Virginia Workers' Compensation Board of Review ("Board of Review") through which Petitioner's permanent total disability ("PTD") award previously granted on December 7, 1994, was suspended and vacated. Mr. Justice challenges the Board of Review's determination, upon a reopening of his PTD claim, that he is capable of gainful employment. Mr. Justice argues that his former...

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