Crawford v. Va. Iron

• Decision Date: 21 June 1923
• Citation: 118 S.E. 229
• Court: Virginia Supreme Court
• Parties: CRAWFORD. v. VIRGINIA IRON, COAL & COKE CO.

118 S.E. 229

CRAWFORD.

v.VIRGINIA IRON, COAL & COKE CO.

Supreme Court of Appeals of Virginia.

June 21, 1923.

On Certificate from Industrial Commission of Virginia.

Proceeding under the Workmen's Compensation Act by W. F. Crawford, employee, opposed by the Virginia Iron, Coal & Coke Company, employer. On certificate from the industrial Commission, for determination of a question of law. Question answered favorably to employee.

PER CURIAM. This case is before us upon the following certificate:

"Pursuant to the provisions of section 61 of the Workmen's Compensation Act, the Industrial Commission of Virginia begs leave to I certify to this honorable court a certain question of law arising in the above-styled cause, now pending before the Commission, for the determination and decision of this court.

"The claimant, W. F. Crawford, on March 16, 1923, suffered an accident arising out of and in the course of his employment by the Virginia Iron, Coal & Coke Company. His right middle finger was mashed.

"By order entered April 3, 1923, the Commission approved the memorandum of agreement as to payment of compensation, which had been entered into between the employer and employee, reciting temporary total disability as a result of said accident, and directing that compensation at the rate of $12 per week be paid during such total disability, under the provisions of section 30 of the Workmen's Compensation Act.

"On May 1, 1923, because of the condition of the bond of the injured finger, it became necessary to amputate the distal end of it. Upon notification of the amputation the Commission informed the employer that it was liable for compensation to May 1, 1923, covering temporary total disability under section 30 of the act; and that such payment should cease on that date, and payment under section 32, clause (f), should begin, claimant being entitled to fifteen weeks' additional compensation for the specific loss of the portion of the finger pro vided for in the last-named section. The employer was cited to the case of Mitchell v. Jefferson Realty Corporation, 3 Opinions Industrial Commission, p. 618, where the Commission had ruled to this effect. This decision contains the statement that the circuit court of Wise county has ruled with this Commission on this point. It must be added, however, that a diligent search through the records of the Commission has failed to reveal a report of this case from the circuit court of Wise county.

"Thereupon the employer informed the Commission that in the case of Gilman v. Virginia Iron, Coal & Coke Company, 4 Opinions Industrial Commission, p. 169, the corporation court of Roanoke had reversed the Commission and had held that payments could only be made under one of the above-named sections. This was the first knowledge which the Commission had of such action. (In the Gilman case, the claimant was injured on March 27, 1919, and as a result his leg was amputated on December 15, 1919. The Commission held that he was entitled to temporary total disability, under section 30, from the date his disability became total until the date of the amputation, whereupon this payment ceased and he became entitled to 175 weeks' compensation for the loss of the leg. under section 32, paragraph . The Corporation Court of Roanoke held that he was only entitled to a total of 175 weeks' compensation.)

"The question respectfully submitted...