Carbon Fuel Co. v. State Compensation Com'r
| Decision Date | 01 March 1932 |
| Docket Number | 7292. |
| Citation | 163 S.E. 62,111 W.Va. 639 |
| Parties | CARBON FUEL CO. v. STATE COMPENSATION COMMISSIONER et al. |
| Court | West Virginia Supreme Court |
Submitted February 23, 1932.
Syllabus by the Court.
Law prohibiting further compensation award in cases of nonfatal injuries, except within designated one-year limitation held not retroactive (Code 1931, 23-4-16).
The limitation in section 40, chapter 71, Acts 1929, to the effect that no further award may be made in cases of nonfatal injuries, except within one year after the commissioner shall have made the last payment in any permanent disability case is not retroactive in its operation, and does not affect the continuing jurisdiction of the commissioner in cases which had their origin prior to its enactment.
Original proceeding by the Carbon Fuel Company for a writ of prohibition prayed to be directed to the State Compensation Commissioner to restrain payment of a compensation award to John New.
Writ of prohibition denied.
Hillis Townsend, of Charleston, for petitioner.
Howard B. Lee, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen for respondent State Compensation Commissioner.
U. S Albertson, of Charleston, for respondent John New.
Petitioner seeks to invoke prohibition against payment, by the compensation commissioner, of an award, dated January 8, 1932, to John New, claiming in support of the writ that the commissioner's jurisdiction over the claim had long since expired, by virtue of the limitation set out in section 40, chapter 71, Acts 1929.
Claimant was injured in 1925; an award of 45 per cent. disability was entered in 1927, payments expiring thereunder May 20, 1929; an additional award of 5 per cent. was entered on October 3, 1929, expiring October 7, 1929; in February, 1931, claimant was sent before a doctor for an X-ray of his pelvis; after a prolonged hearing, held on objection by petitioner herein to a proposed additional award of 25 per cent., an award of 5 per cent. (payment of which is now sought to be prohibited) was made.
Section 40 of the original compensation statute, chapter 9, Acts 1915 (Code 1923, chap. 15P, § 40), provided that: "The power and jurisdiction of the commissioner over each case shall be continuing, and he may from time to time, after due notice to the employer, make such modifications or change with respect to former findings or orders with respect thereto as in his opinion may be justified." That section was in full force and vigor at the time of claimant's injury. However, by section 40, chapter 71, Acts 1929 (redrafted slightly for clarity in Code 1931, 23-4-16), the above section was re-enacted and amended by adding thereto the following: "Provided, That no further award may be made *** except *** in cases of non-fatal injuries *** within one year after the commissioner shall have made the last payment in any permanent disability case."
Does the above proviso apply to claims arising from injuries sustained prior...
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