Big Vein Coal Co. of Lonaconing v. Leasure

• Decision Date: 09 March 1949
• Docket Number: 94.
• Parties: BIG VEIN COAL CO. OF LONACONING et al. v. LEASURE.
• Court: Maryland Court of Appeals

64 A.2d 563

192 Md. 435

BIG VEIN COAL CO. OF LONACONING et al. v. LEASURE.

No. 94.

Court of Appeals of Maryland

March 9, 1949

Appeal from Circuit Court, Allegany County; William A. Huster, Chief Judge.

Proceedings under the Workmen's Compensation Act by Milson Thomas Leasure, employee, opposed by Big Vein Coal Company, employer and State Accident Fund, insurer. From an order dismissing an appeal from an order of the State Industrial Accident Commission permitting the employee to file amended claim for compensation, the employer and insurer appeal.

Appeal dismissed.

Philip T. McCusker, of Baltimore (Hall Hammond, of Baltimore, on the brief), for appellants.

Edward J. Ryan, of Cumberland (Harold Naughton and Milton Gerson both of Cumberland, on the brief), for appellee.

Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

COLLINS Judge.

This is an appeal by the State Accident Fund, appellant, from an order of the State Industrial Accident Commission, (the Commission), allowing Milson Thomas Leasure, claimant and appellee, an employee of Big Vein Coal Company, to file an amended claim for compensation.

On July 5, 1945, appellee filed a claim, No. A47878, for an injury to his right hand, the accident occurring on June 19, 1945. The Commission awarded him $23 a week during the continuance of his disability to begin on June 23, 1945. In that claim of July 5, 1945, no mention was made of any injury to any other part of appellee's body, other than the right hand. Filed with that claim was a surgeon's report which mentioned no injury, other than the right hand.

In May 1947, the appellee filed a petition requesting the reopening of claim No. A47878, supra, filed July 5, 1945, for the purpose of determining his disability from a back injury which he alleged he sustained at the same time he injured his right hand, the back injury not having been stated in his original claim. The Commission set the case for hearing at Cumberland on August 15, 1947, on the reopening of claim No. A47878, supra. On November 14, 1947, the Commission passed an order denying compensation on the ground that the claim for the injury to claimant's back and hip was barred by limitations. From that order the appellee appealed to the Circuit Court for Allegany County. Before the case was heard on appeal the appellee filed a petition in that court asking that the proceedings be remanded to the Commission in order that he could amend his claim. The attorney for the State Accident Fund agreeing to the remand, the case was ordered remanded to the Commission for further proceedings.

On April 7, 1948, the Commission passed an order granting leave to the appellee to file the amended claim. From that order the State Accident Fund appealed to the Circuit Court for Allegany...