Martin v. State Comp. Comm'r, No. 7224.

CourtSupreme Court of West Virginia
Writing for the CourtWOODS
Citation162 S.E. 486
PartiesMARTIN. v. STATE COMPENSATION COMMISSIONER et al.
Docket NumberNo. 7224.
Decision Date19 January 1932

162 S.E. 486

MARTIN.
v.
STATE COMPENSATION COMMISSIONER et al.

No. 7224.

Supreme Court of Appeals of West Virginia.

Jan. 19, 1932.


Syllabus by the Court.

A claimant, upon the production of substantial evidence showing a present total disability attributable to the original injury, but not before the commissioner at the time of the former award, is entitled to have the case reopened, provided the commissioner's jurisdiction under Code 1931, 23-4-16, has not ended.

Appeal from Award of Compensation Commissioner.

Proceeding under the Workmen's Compensation Act by Tracy Martin to have his claim for compensation reopened. From an adverse ruling of the State Compensation Commissioner, the claimant appeals.

Case remanded, with directions.

England & Ritchie, of Charleston, for appellant.

Howard B. Lee, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen., for respondents.

[162 S.E. 487]

WOODS, J.

Tracy Martin, who, on December 19, 1928, received injuries to his chest arid back due to a slate fall, seeks to have his claim reopened, on the ground that the award made on September 10, 1930, of 25 per cent. disability carrying compensation for 100 weeks and expiring on November 26, 1930, did not contemplate his present condition.

It appears from the record that Martin was carried on a temporary disability rating at the instance of the local doctors, before whom he was required to appear from time to time, until one of their number recommended a 25 per cent. disability rating, which was immediately adopted by the commissioner in his award of September 10, 1930. In January, 1931, after payments had ceased, application was made to reopen the case. Claimant was called to Charleston, where he was, for the first time, examined by the department's chief medical examiner. After a consideration of claimant's condition, as revealed by said examination, and an X-ray report, the commissioner informed claimant that, with payments already made, he had been fully compensated, and that his claim stood closed as of date of the last payment. Seven months later claimant, by letter, again importuned the commissioner, inclosing therewith his own affidavit and certain medical evidence to support his claim that he was 100 per cent. disabled. Two days later the commissioner answered, stating in his communication that a comparison of the ex parte evidence submitted, with the information previously considered, revealed nothing new, except the opinion of a doctor that claimant was 100 per...

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14 practice notes
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...771 (1972); Burgess v. State Compensation Comm'r, 121 W.Va. 571, 5 S.E.2d 804 (1939); Martin v. State Compensation Comm'r, 111 W.Va. 420, 162 S.E. 486 (1932); Vandall v. State Compensation Comm'r, 110 W.Va. 61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. ......
  • Hustead v. H. E. Brown Timber Company, 5889
    • United States
    • United States State Supreme Court of Idaho
    • December 16, 1932
    ...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. 366, 114 N.E. 138; Bloomington, D. & C. Ry. Co. v. Industrial Board, 276 Ill. 120, 114 N......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...terms. Burgess v. State Compensation Commissioner, 121 W.Va. 571, 5 S.E.2d 804; Martin v. State Compensation Commissioner, 111 W.Va. 420, 162 S.E. 486; Vandall v. State Compensation Commissioner, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 8......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...396; Burgess v. State Compensation Com'r, 121 W.Va. 571, 573, 5 S.E.2d 804; Martin v. State Compensation Commissioner, 111 W.Va. 420, 162 S.E. 486; Vandall v. State Compensation 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. S......
  • Request a trial to view additional results
14 cases
  • State ex rel. McKenzie v. Smith, No. 29645.
    • United States
    • Supreme Court of West Virginia
    • June 28, 2002
    ...771 (1972); Burgess v. State Compensation Comm'r, 121 W.Va. 571, 5 S.E.2d 804 (1939); Martin v. State Compensation Comm'r, 111 W.Va. 420, 162 S.E. 486 (1932); Vandall v. State Compensation Comm'r, 110 W.Va. 61, 158 S.E. 499 (1931); Bonner v. State Compensation Comm'r 110 W.Va. 38, 156 S.E. ......
  • Hustead v. H. E. Brown Timber Company, 5889
    • United States
    • United States State Supreme Court of Idaho
    • December 16, 1932
    ...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. 366, 114 N.E. 138; Bloomington, D. & C. Ry. Co. v. Industrial Board, 276 Ill. 120, 114 N......
  • Walk v. State Compensation Com'r, No. 10214
    • United States
    • Supreme Court of West Virginia
    • April 14, 1950
    ...terms. Burgess v. State Compensation Commissioner, 121 W.Va. 571, 5 S.E.2d 804; Martin v. State Compensation Commissioner, 111 W.Va. 420, 162 S.E. 486; Vandall v. State Compensation Commissioner, 110 W.Va. 61, 158 S.E. 499; Bonner v. State Compensation Commissioner, 110 W.Va. 38, 156 S.E. 8......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • April 30, 1951
    ...396; Burgess v. State Compensation Com'r, 121 W.Va. 571, 573, 5 S.E.2d 804; Martin v. State Compensation Commissioner, 111 W.Va. 420, 162 S.E. 486; Vandall v. State Compensation 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. S......
  • Request a trial to view additional results

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