Anderson v. Richardson

MILLER, Justice:

In this original proceeding in mandamus, we are asked to require Andrew N. Richardson, the Workers’ Compensation Commissioner, to perform certain mandatory duties contained in the Workers’ Compensation Act (Act), W.Va.Code, 23-1-1, et seq.

I

One of the issues presented is the impact of the abolishment of W.Va.Code, 23-5-lj (1990), in 1993. This subsection authorized the Office of Judges to remand claims for permanent total disability benefits and second injury life awards to the Commissioner who then had 120 days to make a decision. We spoke about this procedure in Lyons v.…