Madden v. State Compensation Com'r

• Decision Date: 18 April 1933
• Docket Number: 7575.
• Citation: 169 S.E. 170,113 W.Va. 576
• Parties: MADDEN v. STATE COMPENSATION COMMISSIONER et al.
• Court: West Virginia Supreme Court

169 S.E. 170

113 W.Va. 576

MADDEN v. STATE COMPENSATION COMMISSIONER et al.

No. 7575.

Supreme Court of Appeals of West Virginia.

April 18, 1933

Submitted April 11, 1933.

Syllabus by the Court.

Lapse of two years from date of last payment on temporary disability rating in nonfatal case defeats Compensation Commissioner's jurisdiction to reopen case for further consideration (Code 1931, 23-4-16).

In a nonfatal case, after the lapse of two years from the date of the last payment on a temporary disability rating, the Compensation Commissioner has lost jurisdiction under the provisions of Code 1931, 23-4-16, and cannot reopen the case for further consideration.

Proceedings under the Workmen's Compensation Act by John Madden, employee, opposed by Pursglove Coal Mining Company, employer. From an adverse ruling of the State Compensation Commissioner, the claimant appeals.

Appeal dismissed.

Wm. S John, of Morgantown, for appellant.

Homer A. Holt, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen for respondent.

KENNA Judge.

John Madden was injured September 15, 1929, while in the employ of Pursglove Coal Mining Company. The required report and application for compensation were filed in due time. Temporary disability award was made, and three payments thereunder were remitted. When the payments ceased, a record was made in the office of the Compensation Commissioner showing the case closed as of January 7, 1930. The last payment went forward January 10, 1930, according to the commissioner's record.

After this had occurred, there were a great many examinations made of claimant, who was suffering from a head injury claimed by him to be a fractured skull, by different physicians and different conclusions reached. These were all forwarded to the Compensation Commissioner in an effort to reopen and have reconsidered his claim for compensation. The file is filled with letters from the claimant and his attorneys and correspondence between them and the Compensation Commissioner. The claimant was duly notified by the commissioner that his claim was closed as of the date of the last payment of January 10, 1930. A letter to this effect was written June 14, 1930, to Dr. J. W. Hartigan, Morgantown, W Va., a copy of which was sent to Mr. Minter L. Wilson attorney at law, Morgantown, W. Va., representing the claimant, under date of July 30, 1930. On June 22, 1931, a letter was addressed to the claimant himself informing him that his claim stood closed "as of the date of the last payment." On November 17, 1931, a letter to the same effect was sent to Mr. Richard E. Davis, attorney at law, Morns W.Va. gantown, W. Va., who at that time evidently represented claimant, notifying him that the case stood closed. Under date of November 19, 1931, another letter was addressed to claimant to the same effect. This letter was confirmed by still another letter to claimant under date of December 21, 1931. After all of this had occurred, the commissioner ordered a hearing which was held, and under date of December 15, 1932, an order was entered reciting that the...