Bonner v. State Comp. Com'r, No. 6949.

CourtSupreme Court of West Virginia
Writing for the CourtHATCHER
Citation156 S.E. 847
PartiesBONNER. v. STATE COMPENSATION COM'R.
Docket NumberNo. 6949.
Decision Date27 January 1931

156 S.E. 847

BONNER.
v.
STATE COMPENSATION COM'R.

No. 6949.

Supreme Court of Appeals of West Virginia.

Jan. 27, 1931.


Syllabus by the Court.

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, of Charleston, for relator.

[156 S.E. 848]

Howard B. Lee, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen., for respondent,

HATCHER, J.

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% 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.

Code 1923, c. 15P, § 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. Heaberlin, 107 W. Va. 287, 148 S. E. 117. We have held that a supplemental claim must be supported by "an aggravated condition of the old injury not taken into account on the former finding, or a new claim growing out of the same." State ex rel. Murasky v. Commissioner (W. Va.) 153 S. E. 509. Counsel for the commissioner contends that the rejected petition does not show such a condition or claim. It is true that the petition does not so allege, by specific...

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21 practice notes
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...486 (1932); Vandall v. State Compensation Comm'r, 110 W.Va. 61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. 847 (1931); Kincannon v. State Compensation Comm'r, 107 W.Va. 533, 149 S.E. 665 The beneficent purpose of W.Va.Code, 23-4-3 is to protect a claiman......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...S.E. 486; Vandall v. State Compensation Commissioner, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Commissioner, 107 W.Va. 533, 149 S.E. 665; McVey v. Chesapeake & Potomac Telephone Company, 103 W.Va. 519,......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...420, 162 S.E. 486; Vandall v. State Compensation Com'r, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Com'r, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Com'r, 107 W.Va. 533, 149 S.E. 665; Caldwell v. Workmen's Compensation Com'r, 106 W.Va. 14, 18, 144 S.E. The re......
  • Burgess v. State Comp. Comm'r, (No. 8987)
    • United States
    • Supreme Court of West Virginia
    • November 7, 1939
    ...W. Va. 14, 144 S. E. 568; Kincannon v. Compensation Com'r., 107 W. Va. 533, 149 S. E. 665; Bonner v. Compensation Com'r., 110 W. Va. 38, 156 S. E. 847; Vandall v. Compensation Com'r., 110 W. Va. 61, 62, 158 S. E. 499; Martin v. Compensation Com'r., lll W. Va. 420, 162 S. E. 486. Also, the r......
  • Request a trial to view additional results
21 cases
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...486 (1932); Vandall v. State Compensation Comm'r, 110 W.Va. 61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. 847 (1931); Kincannon v. State Compensation Comm'r, 107 W.Va. 533, 149 S.E. 665 The beneficent purpose of W.Va.Code, 23-4-3 is to protect a claiman......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...S.E. 486; Vandall v. State Compensation Commissioner, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Commissioner, 107 W.Va. 533, 149 S.E. 665; McVey v. Chesapeake & Potomac Telephone Company, 103 W.Va. 519,......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...420, 162 S.E. 486; Vandall v. State Compensation Com'r, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Com'r, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Com'r, 107 W.Va. 533, 149 S.E. 665; Caldwell v. Workmen's Compensation Com'r, 106 W.Va. 14, 18, 144 S.E. The re......
  • Burgess v. State Comp. Comm'r, (No. 8987)
    • United States
    • Supreme Court of West Virginia
    • November 7, 1939
    ...W. Va. 14, 144 S. E. 568; Kincannon v. Compensation Com'r., 107 W. Va. 533, 149 S. E. 665; Bonner v. Compensation Com'r., 110 W. Va. 38, 156 S. E. 847; Vandall v. Compensation Com'r., 110 W. Va. 61, 62, 158 S. E. 499; Martin v. Compensation Com'r., lll W. Va. 420, 162 S. E. 486. Also, the r......
  • Request a trial to view additional results

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