State Ex Rel. Crist v. Cline

DAVIS, Chief Justice;

In this consolidated proceeding invoking the original jurisdiction of this Court, numerous individuals, who were granted dependents’ death benefits under the West Virginia Workers’ Compensation system following the deaths of their spouses, petition for a writ of mandamus to compel the State Insurance Commissioner to apply W. Va.Code § 23-4-10(b) (2005) (Repl.Vol.2005)1 to continue dependents’ death benefits until their death or remarriage. Granting the writ would invalidate a policy2 that terminated dependents’ death benefits paid to widows or widowers on the date their…