Holland v. State Comp. Comm'r, No. 7311.

• Court: Supreme Court of West Virginia
• Writing for the Court: MAXWELL, J
• Citation: 165 S.E. 675
• Parties: HOLLAND. v. STATE COMPENSATION COMMISSIONER et al.
• Docket Number: No. 7311.
• Decision Date: 13 September 1932

165 S.E. 675

HOLLAND.
v.
STATE COMPENSATION COMMISSIONER et al.

No. 7311.

Supreme Court of Appeals of West Virginia.

Sept. 13, 1932.

Syllabus by the Court.

Where the facts concerning a claim for compensation, arising under the Workmen's Compensation Act, are not sufficiently developed by evidence to enable the commissioner or the court to arrive at the real merits of the claim, an order may be entered here recommitting the case to the commissioner for further development.

Proceedings by Leonard Holland, claimant, under the Workmen's Compensation Act. From a finding of the State Compensation Commissioner denying him additional compensation, the claimant appeals.

Reversed and cause remanded, with directions.

Froe, Capehart & Miller, of Welch, for appellant.

H. B. Lee, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen., for respondent.

MAXWELL, J.

Claimant has been awarded an appeal from a finding of the state compensation commissioner denying him compensation in addition to a very limited initial allowance.

The record discloses that claimant sustained an injury to his left eye while employed as a coal loader by the Houston Collieries Company in a mine near Kimball, May 28, 1931. He was breaking slate preparatory to removing it from the floor of his room, and as a result of a blow with a hammer, a particle flew, striking him in the eye. He was examined by the company physician two days later and sent to the Stephens Clinic Hospital at Welch. No foreign substance was found in the eye. Claimant was working alone when injured.

According to the testimony of Dr. Schiefelbein, a specialist, who examined Holland at the Clinic, his eye was inflamed near the cornea; the pupil was small and irregular, reacting slowly to light. The trouble was diagnosed as traumatic iritis. The doctor was of

[165 S.E. 676]

opinion that claimant would be totally disabled for a period of about two weeks.

Dr. C. R. Hughes who examined him soon after the accident stated that he found what he thought was iritis with ulcer. Dr. C. C. Cochran, the company physician, had examined him in November, 1930, about six months prior to the accident, and found his vision normal. He saw claimant only at irregular intervals after the accident. He was of opinion that he should have returned to work June 29, 1931. He did not know whether or not claimant's disability was due to the injury.

The commissioner awarded claimant compensation for temporary total disability August 20, 1931, for a period of three...