Nelson v. Merritt

345 S.E.2d 785 (1985)

Byrd NELSON, et al.

v.

Mary Martha MERRITT, Commissioner, Workers' Compensation Commission.

No. 16742.

Supreme Court of Appeals of West Virginia.

December 9, 1985.

Dissenting Opinion June 12, 1986.

Amos C. Wilson, Logan, for appellant.

Robert L. Stultz, Charleston, for appellee.

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, ___ W.Va. ___, 327 S.E.2d 694 (1984), as to the Court's interpretation of W.Va. Code…