Caldwell v. Workmen's Comp. Comm'r, (No. 6298)

CourtSupreme Court of West Virginia
Writing for the CourtHATCHER, J.
Citation106 W.Va. 14
PartiesG. A. Caldwell v. Workmen's Compensation Commissioner
Docket Number(No. 6298)
Decision Date11 September 1928

106 W.Va. 14

G. A. Caldwell
v.
Workmen's Compensation Commissioner

(No. 6298)

Supreme Court of Appeals of West Virginia.

Submitted September 5, 1928.
Decided September 11, 1928.


[106 W.Va. 14]

1. Master and Servant Where Facts Relative to Injury Are

Clear and Undisputed Compensation Claimant is Entitled to Benefit of all Reasonable Inferences Therefrom.

Where, in a claim for compensation for injury to a workman because of an injury to him arising out of and received in the course of employment, the facts relative to the injury are clear and undisputed, the claimant is entitled to the benefit of all reasonable inferences (as upon a demurrer to evidence) to be drawn therefrom in support of his claim, (p. 17.)

(Workmen's Compensation Acts. C, J. § 114.)

2. Master and Servant Undisputed Facts Held to Warrant

Inference That Injury in Course of Employment Aggravated Previous Gunshot Wounds in Leg, and Was Therefore Compensable (Workmen's Compensation Act).

A case where the undisputed facts warrant the conclusion that loss of time was occasioned to the workman by an accidental injury received by him in the course of and arising out of his employment. (p. 15.)

(Workmen's Compensation Acts. C, J. § 114.)

(Note: Parenthetical references by Editors, C. J. Cyc. Not part of Syllabi.)

Proceeding under the Workmen's Compensation Act (Acts 1915, c. 9, as amended by Acts Ex. Sess. 1915, c. 1) by G. A. Caldwell, employee, for personal injuries, opposed by the Island Creek Coal Company, employer. From a determination of the State Compensation Commissioner, the employee appeals.

Reversed, with directions.

Robert E. White, for appellant.

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

[106 W.Va. 15]

Hatcher, Judge:

Caldwell was an employee of Island Creek Coal Company, and seeks compensation for disability which he claims was the result of an injury received while so employed. The compensation commissioner found that the evidence was insufficient to establish that the injury caused the disability.

The injury upon which Caldwell bases his claim was described by him on June 23, 1927, to F. T. Burnham, an inspector of the Compensation Department, as follows: "We were unloading a Jeffrey drill off the truck, had raised it up about two feet, when the other boy slipped on some loose coal throwing all the weight on my left leg right above my knee, if my overalls had not been greasy it would have broken my leg. It bruised my leg and pained me a good deal, but I worked on and finished the night shift; and have not worked none since. * * * 1 believe that I waited until the 9th or 10th of April before calling Dr. Van Hoose in. * * * I thought that I was going to be able to go back to work and not be bothered by a doctor. * * * All the pain was in my knee, there was no swelling there, and that was why I thought I would be able to work in a few days." On February 27, 1928, Caldwell attempted to strengthen his claim by his own affidavit in which lie states that the drill fell on his leg, and by the affidavit of a fellow workman, D. L. White, to the effect that both White and the drill fell on Caldwell's leg, and that the combined weight of White and the drill was seven hundred pounds. The affidavits are entitled to little consideration, however, as it is hardly reasonable that so great a weight should have dropped two feet on Caldwell's leg and made only a superficial bruise. Dr. Van Hoose states that he found nothing at the time he examined Caldwell to account for the pain complained of, and advised him to go to a hospital. Caldwell entered the Holden Hospital on April 30th, where he was found to have an abscess above his left knee at the site of an old gun shot wound. An X-ray showed a...

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29 practice notes
  • Thompson v. State Comp. Comm'r, No. 10134.
    • United States
    • Supreme Court of West Virginia
    • June 21, 1949
    ...should be liberally construed and applied, so as to effectuate the purpose of the statute. Caldwell v. State Compensation Commissioner, 106 W.Va. 14, 18, 144 S.E. 568; Sole v. Kindelberger, 91 W.Va. 603, 114 S.E. 151. The Act protects the employer against the risk of being mulcted in damage......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...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 record discloses no direct evidence of how the death of Harry Morris occurred, but the absence of such evidence does not p......
  • Jordan v. State Workmen's Compensation Commissioner, No. 13172
    • United States
    • Supreme Court of West Virginia
    • October 9, 1972
    ...a successful claim for compensation based upon a new injury arising from his employment. Caldwell v. Workmen's Compensation Commissioner, 106 W.Va. 14, 144 S.E. 568 (1928). But where there is evidence of a preexisting like injury, his new claim will not be treated as compensable unless it i......
  • Thompson v. State Comp. Comm'r, (No. 10134)
    • United States
    • Supreme Court of West Virginia
    • June 21, 1949
    ...should be liberally construed and applied, so as to effectuate the purpose of the statute. Caldwell v. State Compensation Commissioner, 106 W. Va. 14, 18, 144 S. E. 568; Sole v. Kindelberger, 91 W. Va. 603, 114 S. E. 151. The Act protects the employer against the risk of being mulcted in da......
  • Request a trial to view additional results
29 cases
  • Thompson v. State Comp. Comm'r, No. 10134.
    • United States
    • Supreme Court of West Virginia
    • June 21, 1949
    ...should be liberally construed and applied, so as to effectuate the purpose of the statute. Caldwell v. State Compensation Commissioner, 106 W.Va. 14, 18, 144 S.E. 568; Sole v. Kindelberger, 91 W.Va. 603, 114 S.E. 151. The Act protects the employer against the risk of being mulcted in damage......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...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 record discloses no direct evidence of how the death of Harry Morris occurred, but the absence of such evidence does not p......
  • Jordan v. State Workmen's Compensation Commissioner, No. 13172
    • United States
    • Supreme Court of West Virginia
    • October 9, 1972
    ...a successful claim for compensation based upon a new injury arising from his employment. Caldwell v. Workmen's Compensation Commissioner, 106 W.Va. 14, 144 S.E. 568 (1928). But where there is evidence of a preexisting like injury, his new claim will not be treated as compensable unless it i......
  • Thompson v. State Comp. Comm'r, (No. 10134)
    • United States
    • Supreme Court of West Virginia
    • June 21, 1949
    ...should be liberally construed and applied, so as to effectuate the purpose of the statute. Caldwell v. State Compensation Commissioner, 106 W. Va. 14, 18, 144 S. E. 568; Sole v. Kindelberger, 91 W. Va. 603, 114 S. E. 151. The Act protects the employer against the risk of being mulcted in da......
  • Request a trial to view additional results

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