Kincannon v. State Comp. Comm'r, (No. 6596)

CourtSupreme Court of West Virginia
Writing for the CourtWOODS, P.
Citation107 W.Va. 533
Docket Number(No. 6596)
Decision Date10 September 1929
PartiesCharles Kincannon v. State Compensation Commissioner

107 W.Va. 533

Charles Kincannon
v.
State Compensation Commissioner

(No. 6596)

Supreme Court of Appeals of West Virginia.

Submitted September 1, 1929.
Decided September 10, 1929.


[107 W.Va. 533]

1. Walker v. Compensation Commissioner, Approved and Applied.

Syllabus in Walker v. State Compensation Commissioner, 107 W. Va. 531, decided contemporaneously herewith, approved and applied. (p. 535).

[107 W.Va. 534]

2. Workmen's Compensation Act Workman's Compensation Act Being Remedial Should be Liberally Construed With View to Accomplish its Purpose and Promote Justice.

The Workmen's Compensation Act being remedial should be liberally construed with a view to accomplish its purpose and promote justice. (p. 535).

Appeal from Order of Compensation Commissioner.

Proceeding under the Workmen's Compensation Commission and others. From an order of Compensation Commissioner as to payments, claimant appeals.

Reversed.

England & Ritchie, for appellant.

Howard B. Lee, Attorney General, and R. Dennis Steed, Assistant Attorney General, for the State.

Woods, President:

Charles Kincannon, who has received compensation on the basis of a fifty per cent. disability from the Workmen's Compensation Fund, appeals from the action of the Commissioner refusing to re-open his claim for additional compensation.

From the record before us, it would seem that the claimant is totally disabled; yet the two Commissioners who have had this case before them have consistently maintained that a further consideration of the claim was barred by reason of a certain writing, executed by claimant over two years ago, purporting to release and discharge the Workmen's Compensation Fund and the Commissioner from payment of any further or other sums, in consideration of a "lump sum" settlement on the $610.26 still due him at the time under the then existing award. Informal demands for a total permanent disability award having been repeatedly ignored for the above stated reason, the claimant, on July 9, 1929, filed a formal petition, which was also denied. It is from this action that the present appeal is taken.

The Attorney General, as attorney for the Commissioner, insists that any right of appeal that the claimant might have had has been barred by...

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15 practice notes
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. 847 (1931); Kincannon v. State Compensation Comm'r, 107 W.Va. 533, 149 S.E. 665 The beneficent purpose of W.Va.Code, 23-4-3 is to protect a claimant's interest in determining his or her own course of treatme......
  • Hustead v. H. E. Brown Timber Company, 5889
    • United States
    • United States State Supreme Court of Idaho
    • December 16, 1932
    ...v. Rinold Bros., 80 Pa. Super. 420; Spence v. State Compensation Com., 110 W.Va. 162, 157 S.E. 164; Kincannon v. State Compensation Com., 107 W.Va. 533, 149 S.E. 665; Martin v. State Compensation Com., (W. Va.) 111 W.Va. 420, 162 S.E. 486. [2]Simpson Constr. Co. v. Industrial Board, 275 Ill......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Commissioner, 107 W.Va. 533, 149 S.E. 665; McVey v. Chesapeake & Potomac Telephone Company, 103 W.Va. 519, 138 S.E. 97. In the light of the evidence and the findings ......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...Com'r, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Com'r, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Com'r, 107 W.Va. 533, 149 S.E. 665; Caldwell v. Workmen's Compensation Com'r, 106 W.Va. 14, 18, 144 S.E. The record discloses no direct evidence of how the deat......
  • Request a trial to view additional results
15 cases
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. 847 (1931); Kincannon v. State Compensation Comm'r, 107 W.Va. 533, 149 S.E. 665 The beneficent purpose of W.Va.Code, 23-4-3 is to protect a claimant's interest in determining his or her own course of treatme......
  • Hustead v. H. E. Brown Timber Company, 5889
    • United States
    • United States State Supreme Court of Idaho
    • December 16, 1932
    ...v. Rinold Bros., 80 Pa. Super. 420; Spence v. State Compensation Com., 110 W.Va. 162, 157 S.E. 164; Kincannon v. State Compensation Com., 107 W.Va. 533, 149 S.E. 665; Martin v. State Compensation Com., (W. Va.) 111 W.Va. 420, 162 S.E. 486. [2]Simpson Constr. Co. v. Industrial Board, 275 Ill......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Commissioner, 107 W.Va. 533, 149 S.E. 665; McVey v. Chesapeake & Potomac Telephone Company, 103 W.Va. 519, 138 S.E. 97. In the light of the evidence and the findings of b......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...Com'r, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Com'r, 110 W.Va. 38, 156 S.E. 847; Kincannon v. State Compensation Com'r, 107 W.Va. 533, 149 S.E. 665; Caldwell v. Workmen's Compensation Com'r, 106 W.Va. 14, 18, 144 S.E. The record discloses no direct evidence of how the deat......
  • Request a trial to view additional results

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