Allen v. Workers' Compensation Commissioner & Consolidation Coal Co.

I have already noted my disagreement with this Court’s efforts to “clarify” its opinion in Mitchell v. State Workmen’s *243Compensation Commissioner, 163 W.Va. 107, 266 S.E.2d 1 (1979) in my dissent to Butcher v. State Workers’ Compensation Commissioner, 173 W.Va. 306, 315 S.E.2d 563 (1984). Since the majority in today’s case continues jauntily down that same primrose path, I can to a large extent content myself by referring to that dissent. There are, however, two points that I would like to underscore.

It is a somewhat seductive notion that if some due process is a good thing, more due process…