Carper v. Workmen's Comp. Comm'r, (No. 8841)

CourtSupreme Court of West Virginia
Writing for the CourtFox, Judge
Citation121 W.Va. 1
PartiesFletcher Carper v. Workmen's CompensationCommissioner
Decision Date24 January 1939
Docket Number(No. 8841)

121 W.Va. 1

Fletcher Carper
v.
Workmen's Compensation
Commissioner

(No. 8841)

Supreme Court of Appeals of West Virginia.

Submitted January 11, 1939.
Decided January 24, 1939.


[121 W.Va. 1]

1. Workmen's Compensation

An employee is entitled to compensation for an injury sustained in going to or from his work, only where such injury occurs within the zone of his employment, and that zone must be determined by the circumstances of the particular case presented.

2. Workmen's Compensation

Miners' residences owned by an employer and leased to his employees, and roads leading thereto, which are separate and apart from the plant equipment and facilities of the mine, are not, in the absence of special circumstances, or contractual requirements, within the employees' zone of employment.

Appeal from Workmen's Compensation Appeal Board. Proceeding under the Workmen's Compensation Act by Fletcher Carper, employee, to recover compensation for

[121 W.Va. 2]

injuries sustained while employed by the Amherst Coal Company. From a judgment denying compensation, the employee appeals.

Affirmed.

Ira P. Hager and Joe M. Glenn, for appellant.

Clarence W. Meadows, Attorney General, and Marlyn E. Lugar, Special Assistant Attorney General, for appellee State Compensation Commissioner.

Chas. L. Estep, for appellee Amherst Coal Co.

Fox, Judge:

Fletcher Carper complains of the action of the Compensation Commissioner and the Compensation Appeal Board in refusing to award compensation for injuries sustained by him on the 13th day of December, 1937.

Carper was employed as an electrician in a mine of the Amherst Coal Company at Braeholm. This company, in addition to its plant equipment, was the owner of numerous residences which were leased to its employees, one of which was occupied by Carper. The house occupied by him was situated approximately one-third of a mile from the lamp house, where he would first come in contact with what might be termed the plant equipment of the employer. Three ways were available in going from Carper's residence to the lamp house: one, an abandoned tram road; another, a pathway along the tracks of the Chesapeake & Ohio Railway Company; and third, a public road; but to reach each of these ways, it was necessary to use at least part of what is called a wagon road graded on company premises from the railroad right of way up the side of a hill to a row of residences, in one of which the claimant resided. On the day of the injury, the wagon road was, in some places, covered with snow and ice, and in traveling this road with the intent of reaching the railroad right of way, and from that point, of following the path along the railroad track, claimant, while near his home, fell and sustained a broken hip, for which injury he seeks compensation. The Compensation...

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16 practice notes
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • December 10, 2008
    ...must be determined by the circumstances of the particular case presented." Syllabus Point 1, Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 5. "An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and f......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • July 2, 2002
    ...and the employer is not immune from a negligence action. As we stated, in Syllabus Point 1 of Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 An employee is entitled to compensation for an injury sustained in going to or from his work, only where such injury occurs within......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • November 2, 2009
    ...must be determined by the circumstances of the particular case presented." Syllabus Point 1, Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 Gregory S. Prudich, Esq., Sanders, Austin, Flanigan & Flanigan, Princeton, WV, for Appellant. Darrell V. McGraw, Jr., Esq.......
  • Bilchak v. State Workmen's Compensation Commissioner, Nos. 12811
    • United States
    • Supreme Court of West Virginia
    • July 1, 1969
    ...close proximity to the place of employment. Canoy v. State Comp. Commissioner, Supra; Carper v. Workmen's Compensation Commissioner, 121 W.Va. 1, 1 S.E.2d There is no evidence in the case presented here of any express or implied requirement of the contract of employment that would bring the......
  • Request a trial to view additional results
16 cases
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • December 10, 2008
    ...must be determined by the circumstances of the particular case presented." Syllabus Point 1, Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 5. "An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and f......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • July 2, 2002
    ...and the employer is not immune from a negligence action. As we stated, in Syllabus Point 1 of Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 An employee is entitled to compensation for an injury sustained in going to or from his work, only where such injury occurs within......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • November 2, 2009
    ...must be determined by the circumstances of the particular case presented." Syllabus Point 1, Carper v. Workmen's Compensation Comm'r, 121 W.Va. 1, 1 S.E.2d 165 Gregory S. Prudich, Esq., Sanders, Austin, Flanigan & Flanigan, Princeton, WV, for Appellant. Darrell V. McGraw, Jr., Esq.......
  • Bilchak v. State Workmen's Compensation Commissioner, Nos. 12811
    • United States
    • Supreme Court of West Virginia
    • July 1, 1969
    ...close proximity to the place of employment. Canoy v. State Comp. Commissioner, Supra; Carper v. Workmen's Compensation Commissioner, 121 W.Va. 1, 1 S.E.2d There is no evidence in the case presented here of any express or implied requirement of the contract of employment that would bring the......
  • Request a trial to view additional results

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