State ex rel. Wooten v. Coal Mine Safety Board of Appeals

WORKMAN, Justice:

This case is before the Court upon the consolidated appeals of the West Virginia Office of Miners’ Health, Safety and Training (“OMHST”) from two separate Orders entered in two separate actions by the Circuit Court of Kanawha County. The first Order entered on July 24, 2009, dismissed the OMHST’s petition for writ of prohibition in which the OMHST sought to prohibit the Coal Mine Safety Board of Appeals (“Board”) from requiring it to submit a “proper application” to the Board before temporarily decertifying a coal miner pending final resolution on the coal miner’s…