Boyd v. Merritt

NEELY, Justice:

The question presented for our decision in this original mandamus action is whether the Workers’ Compensation Commissioner may apply emergency rules for evaluating the results of blood gas studies to occupational pneumoconiosis claims pending at the time the rules were promulgated. For the reasons stated below, we answer in the affirmative, and decline to issue the writ.

The facts are as follows: On 14 April 1983, petitioner Paul W. Boyd filed with the commissioner an application for occupational pneumoconiosis disability benefits. On 19 March 1984, the commissioner made a…