Culurides v. Ott

Citation90 S.E. 270
Decision Date26 September 1916
Docket Number(No. 3195.)
CourtSupreme Court of West Virginia
PartiesCULURIDES. v. OTT, Compensation Com'r.

(78 W.Va. 696)
90 S.E. 270

CULURIDES.
v.
OTT, Compensation Com'r.

(No. 3195.)

Supreme Court of Appeals of West Virginia.

Sept. 26, 1916.


(Syllabus by the Court.)

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 Compensa tion 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 employes 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...

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