Andrews v. State Comp. Comm'r Et At.
| Decision Date | 17 January 1933 |
| Docket Number | (No. 7444) |
| Citation | 113 W.Va. 238 |
| Court | West Virginia Supreme Court |
| Parties | James Andrews v. State Compensation Commissioner et at. |
Master and Servant
The finding of the State Compensation Commissioner upon conflicting evidence will not be set aside ordinarily, if there is substantial evidence to support it. Postlethwait v. Commissioner, 106 W. Va. 57, 144 S. E. 717.
Proceedings under the Workmen's Compensation Act by James Andrews, employee, to recover compensation for injuries sustained when employed by the Hygrade Pood Products Company. Prom an order of the State Compensation Commissioner denying compensation, the employee appeals.
Affirmed.
W. F. Keefer, for appellant.
H. B. Lee, Attorney General, and R. Dennis Steed, Assistant Attorney General, for respondents.
James Andrews was refused workmen's compensation for a fractured patella, and was granted this appeal.
Andrews was fireman for Hygrade Food Products Company in the city of Wheeling. His regular employment commenced daily at seven o'clock A. M., but on May 15, 1931, he came to work at a few moments before six A. M. He gives as the reason for coming so early that his foreman had instructed him to come ahead of time and help get up the steam whenever hogs were being slaughtered, and that while he had no information of hogs being slaughtered on that morning, he came in time to help, if he were needed. He says upon his arrival he went up to the fifth floor of the plant, where lockers were provided for the employees, to change his clothes; that while returning to the boiler room (on the first floor) he slipped on the last flight of steps, injuring his right knee; that he saw no one and unaided, hobbled and crawled back up to the fifth floor, where Robert King, a fellow employee, found him about half-past six. Andrews put his arms around King's shoulder and with that assistance returned to the first floor and reported his injury to a representative of his employer.
The "curing cellar" of the Products Company is two hundred feet from the boiler room and in a separate building. John P. Harpfer, foreman of that cellar, testifies that about twenty minutes after six, on the morning of May 15, 1931, he was in his office, which was about twenty feet from the stairs leading up from the cellar, when he heard something fall in the cellar, and looking around saw a man coming up the cellar stairs with his left hand on the railing and the other hand on...
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