Legal Opinion

Carter v. Spieler

West Virginia Supreme Court

Decided June 7, 1990No. Nos. 19370, 19371PublishedCited by 1 opinion

1Opinion of the Court

WORKMAN, Justice:

These two cases involve three individuals seeking to prohibit the Workers’ Compensation Commissioner (Commissioner) from withholding alleged “overlapping” permanent partial disability (PPD) benefits from their respective permanent total disability (PTD) benefits through writs of mandamus and prohibition. Although these cases have not been consolidated, we will treat them as such for purposes of this opinion because the legal issue raised in each case is identical. For clarification, however, we will separately relate the factual background of each petitioner’s claim.

LEONARD…

2Cases cited8 opinions

  1. Dunlap v. State Compensation DirectorWest Virginia Supreme Court · 1965
  2. Posey v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1973
  3. Cropp v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1977
  4. Cardwell v. State Workmen's Compensation Commr.West Virginia Supreme Court · 1983
  5. Gillispie v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1974

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3Cited by1 opinion

  1. Canfield v. West Virginia Division of CorrectionsWest Virginia Supreme Court · 2005

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