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W.VA. OFFICE OF MINERS' HEALTH v. BEAVERS

No. 20-0973.

874 S.E.2d 726 (2022)

WEST VIRGINIA OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING, Petitioner v. Bobby BEAVERS, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 26, 2022.

Attorney(s) appearing for the Case

John H. Boothroyd, Esq. , Assistant Attorney General, Michael R. Williams, Esq. , Senior Deputy Solicitor General, Charleston, West Virginia, Counsel for Petitioner.

Christopher D. Pence, Esq. , Hardy Pence, PLLC, Charleston, West Virginia, Counsel for Amicus Curiae, Metallurgical Coal Producers Association.

Lonnie C. Simmons, Esq. , Dipiero Simmons McGinley & Bastress, PLLC, Charleston, West Virginia, Counsel for Respondent.

This is an appeal from the Circuit Court of Kanawha County's November 10, 2020, Final Order affirming a Decision of the Coal Mine Safety Board of Appeals (hereinafter "Board") reinstating Respondent's mining certifications following a random substance abuse drug and alcohol test in which he tested positive for marijuana metabolites...

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