Nelson v. Merritt

BROTHERTON, Justice:

In this mandamus proceeding, involving six consolidated workers’ compensation claims, the Court is asked to review and modify, clarify, or reverse its decision in Brogan v. Workers’ Compensation Comm’r, 174 W.Va. 517, 327 S.E.2d 694 (1984), as to the Court’s interpretation of W.Va. Code § 23-4-8 (1985).

Each petitioner in the case presently under consideration claims to be aggrieved by the Brogan decision because the decision has prevented him from submitting evidence necessary to develop his case fully.1 Several petitioners additionally complain of long administrative…