Bonner v. State Comp. Comm'r, (No. 6949)

• Court: Supreme Court of West Virginia
• Writing for the Court: HATCHER, J.
• Citation: 110 W.Va. 38
• Parties: Stephen Bonner v. State Compensation Commissioner
• Docket Number: (No. 6949)
• Decision Date: 27 January 1931

110 W.Va. 38

Stephen Bonner
v.
State Compensation Commissioner

(No. 6949)

Supreme Court of Appeals of West Virginia.

Submitted January 21, 1931.
Decided January 27, 1931.

[110 W.Va. 38]

Master and Servant

When the State Compensation Commissioner has passed upon a claim and later, proper representations are made to him of a progressive and aggravated condition of the injury not considered by him at his finding, he should reopen the case, provided his jurisdiction thereof has not ended.

Original proceeding by Stephen Bonner for writ of mandamus to be directed to the State Compensation Commissioner to require the granting of a hearing in a compensation proceeding.

Writ issued.

Alexander P. Gates, for relator.

Howard B. Lee, Attorney General, and B. Dennis Steed, Assistant Attorney General, for respondent.

Hatcher, Judge:

Petitioner's leg was injured on December 3, 1924, while employed by a subscriber to the Workmen's Compensation Fund. He was awarded compensation by the Compensation Commissioner for a period of 6-4/7 weeks and his case closed. He returned to his employment on January 26, 1925, and worked for about ten months, when he became incapacitated by an infection or swelling in the injured leg. He then commenced a correspondence with the commissioner, seeking a further allowance, which continued until in 1928. During this period he submitted to several examinations by physicians, at the instance of the Commissioner. He was informed on March 9, 1928, that the Commissioner was of opinion that he had no authority under the statute to reopen the case at that late day.

In August, 1930, the petitioner again sought to have his case reopened, but was refused. He now seeks here a mandamus to require the Commissioner to grant him a hearing.

[110 W.Va. 39]

Code 1923, chapter 15P, section 40, expressly confers on the Commissioner continuing jurisdiction over each case, with the power to make from time to time such modifications of former findings as may be justified. This jurisdiction is not impaired by the amendment of 1929, as to cases originating prior to the amendment. Jenkins v. Commissioner, 107 W. Va. 287. We have held that a supplemental claim must be supported by "an aggravated condition of the old injury not taken into account on the...