Williams v. Robinson

McHUGH, Chief Justice:

Petitioner, Freeman Williams, seeks a writ of mandamus ordering the Workers’ Compensation Commissioner to increase his benefit payments for a previously ordered permanent total disability (PTD) award. The petitioner contends that the Commissioner’s method of recalculating benefits based on the annually adjusted state average weekly wage violates the legislative intent of a statutory escalator clause, which the petitioner contends is to be applied favorably to all workers’ compensation benefits recipients.

The petitioner was injured in 1977. In 1987, the Commissioner…