Legal Opinion · Dissent

Repass v. Workers' Compensation Division

West Virginia Supreme Court

Decided July 17, 2002No. 27730, 28392Published

1DissentDavis, C.J.

(Filed July 17, 2002)

It has been said that “[t]he law is the only profession which records its mistakes carefully, exactly as they occurred, and yet does not identify them as mistakes[.]”1 Truer words could not be spoken of the majority’s decision in the ease sub judice where, with one fell swoop, the Court completely ignores the directives of the workers’ compensation legislation which it claims to uphold and proceeds to substitute its own judgment in its stead as to the most reliable indicator of an injured claimant’s compensable disability. Not only has the majority successfully turned the…

2Cases cited41 opinions

  1. City of New Orleans v. DukesSupreme Court of the United States · 1976
  2. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
  3. Corman v. State Ex Rel. Wyoming Workers' Compensation DivisionWyoming Supreme Court · 1996
  4. Lewis v. Canaan Valley Resorts, Inc.West Virginia Supreme Court · 1991
  5. Dunlap v. State Compensation DirectorWest Virginia Supreme Court · 1965

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