Honaker v. State Workmen's Compensation Commissioner

MILLER, Chief Justice:

In these consolidated Workmen’s Compensation appeal cases, we determine whether the commissioner has correctly applied Mitchell v. State Workmen’s Compensation, 163 W.Va. 107, 256 S.E.2d 1 (1979), where we held that the commissioner has authority to invoke the issue of terminating total temporary disability on his own initiative in certain circumstances. 1 We will discuss each case separately.

I

CLAIM OF HARRY HONAKER

The claimant Honaker appeals from a final order denying his motion for payment of temporary total disability benefits from July 15, 1980, until the date he…