NEY v. W.VA. WORKERS' COMP. FUND

No. 20027

411 S.E.2d 699 (1991)

Anthony M. NEY, Petitioner Below, Appellee, v. WEST VIRGINIA WORKERS' COMPENSATION FUND, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 21, 1991.


Attorney(s) appearing for the Case

C. Terry Owen, Sr. Asst. Atty. Gen., Charleston, for appellant.

Terry M. Jordan, Mclntyre, Haviland & Jordan, Charleston, for appellee.


PER CURIAM:

The primary issue in the case now before us concerns whether the Circuit Court of Kanawha County erred in issuing a writ of mandamus compelling the West Virginia Workers' Compensation Fund to change the onset date of the permanent total disability (PTD) award granted by the Workers' Compensation Commissioner to the appellee, Anthony N. Ney, from December 27, 1989, to September 27, 1978. We conclude that, although mandamus will lie to compel the Commissioner...

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