State Ex Rel. Boan v. Richardson

ALBRIGHT, Justice:

This is an original proceeding in prohibition 1 seeking to prevent the enforcement of W.Va.Code § 23-4-23(b) by respondent Commissioner of the Division of Workers’ Compensation, insofar as that section requires the reduction of permanent total disability benefits paid to petitioner, Latta Boan, under our Workers’ Compensation Act, W.Va.Code § 23-4-1, et seq., by reason of the receipt by petitioner of old age insurance benefits under the provisions of the Federal Social Security Act found in 42 U.S.C. §§ 401 and 402 (1994). Petitioner asserts that W.Va.Code § 23-4-23(b)…