Hardy v. Richardson

ALBRIGHT, Justice:

Appellant, James A. Hardy, appeals 1 an order of the Circuit Court of Kanawha County denying his prayer for a declaratory judgment that the provisions of W.Va.Code § 23-4-22 (1993) be declared unconstitutional and thereby refusing to require appellee, Andrew N. Richardson, Commissioner of the Division of Workers’ Compensation, Bureau of Employment Programs, to conduct an evaluation of appellant to determine if he is entitled to permanent partial disability under the provisions of W.Va.Code § 23-4-1, et seq. Because we find appellant entitled to the evaluation he has…