Culurides v. Ott

• Decision Date: 26 September 1916
• Docket Number: 3195.
• Citation: 90 S.E. 270,78 W.Va. 696
• Parties: CULURIDES v. OTT, COMPENSATION COM'R.
• Court: West Virginia Supreme Court

90 S.E. 270

78 W.Va. 696

CULURIDES v. OTT, COMPENSATION COM'R.

No. 3195.

Supreme Court of Appeals of West Virginia.

September 26, 1916

Syllabus by the Court.

Under chapter 15p, Code 1913 (secs. 657-711), requiring the state compensation commissioner in administering the workmen's compensation fund, to ascertain the substantial rights of the claimants in such manner as will "carry out justly and liberally the spirit of the act," unrestricted by technical and formal rules of procedure, an application by the brother of a miner who died from an injury not self-inflicted or resulting from willful misconduct or disobedience of the rules of an employer entitled to the protection of the act, but inflicted in the course of the employment, made out on the form prescribed by the commissioner, except as to the signature of the claimant, and filed in due time--supplemented by information furnished by an attorney of the claimant and a like application duly signed by her, she being a dependent and resident on the island of Crete, and filed with the commissioner, though by reason of the foreign residence 12 days after the expiration of the limitation fixed by the statute, and information ascertained by investigation conducted by agents of the commissioner--the data so furnished showing a meritorious claim to compensation, together constitute a valid application therefor, warranting payment out of such fund.

Appeal from Order of State Compensation Commissioner.

Proceeding by Cleanthe Culurides, for compensation for the death of a deceased servant. From an order of Lee Ott, State Compensation Commissioner, denying compensation, applicant appeals. Order of Commissioner vacated, and proceeding remanded.

Ivory C. Jordon, of Charleston, for appellant.

A. A Lilly, Atty. Gen., and Frank Lively, Asst. Atty. Gen., for appellee.

LYNCH J.

The claim of Cleanthe Culurides and her infant son four years old, resident in the isle of Crete, against the workmen's compensation fund now administered by the Hon. Lee Ott, state compensation commissioner, was disallowed and refused by him solely because an application therefor, made out in due form and signed by the claimant in person, was not filed within the six-month limitation period prescribed by section 39, c 10, Acts 1913 (Code 1913, § 695). John Culurides was killed instantly by contact with a highly charged electric wire operated in the mines wherein he was employed at the time of the accident. He and his brother George were engaged in the service of the Superior Pocahontas Coal Company at its colliery located at Davy in McDowell county. The wife and son of the decedent remained on the island of Crete. Both were dependent upon him for maintenance and support. The coal company had qualified pursuant to the requirements of the act, and thereby secured itself against actions for injuries inflicted upon its employés in the course of their employment.

The accident occurred April 12, 1915. The act of 1913 constituting the Public Service Commission, and appointing it as administrator of the fund to be raised thereunder to compensate persons injured in industrial operations, was then in force and effect; the Act of 1915, superseding it and substituting the state compensation commissioner as such administrator, not taking effect until some time thereafter. Within 12 days after the date of the accident resulting in death, George Culurides, a brother of the decedent, having in some manner not disclosed procured one of the blank forms prescribed by the Public Service Commission for the purpose of obtaining the information required to enable the administrator of the fund to determine the legality of the claim of right to participation therein, executed the form on behalf of the dependents, and filed it with the compensation commissioner. This application, when completed contained all the data indicated by the Commission, and conformed to all the requirements deemed by it essential in support of a claim, except that it was signed by George Culurides for and on behalf of the claimants, and not by them in propria persona. This application the administrator of the fund refused to consider, though filed with him in ample time, because of the absence of the personal signatures of the claimants; and he so notified the Superior Pocahontas Coal Company or some of its officials.

After some delay, by the commissioner deemed unreasonable, George Culurides engaged the services of a Boston attorney of the same nationality, named Conoutas, to act for and on behalf of the widow and son in securing the claim. Thereupon the attorney by letter advised the commissioner of the employment, and from him requested such information as would enable the attorney properly to present the claim and secure its allowance. From some source, presumably from the commissioner himself, the attorney obtained another blank application, which he or some one for the claimants prepared in due form, and obtained the signature of the widow thereto the infant being of such immature years that he could not in person execute it. ...