Pannell v. State Comp. Comm'r., (No. 9583)

CourtSupreme Court of West Virginia
Writing for the CourtFOX.
Citation126 W.Va. 725
Decision Date25 April 1944
Docket Number(No. 9583)
PartiesCarrie Pannell, Widow, etc. v. State CompensationCommissioner et al.

126 W.Va. 725

Carrie Pannell, Widow, etc.
v.
State Compensation
Commissioner et al.

(No. 9583)

Supreme Court of Appeals of West Virginia.

Submitted April 4, 1944.
Decided April 25, 1944.


[126 W.Va. 725]

Workmen's Compensation

Where death ensues following a cerebral hemorrhage, suffered by an employee in the course of his employment, imme-

[126 W.Va. 726]

diately following a specific isolated event which might have caused the same; and there is no clear showing that the hemorrhage resulted from other causes; compensation should be awarded to the dependents of the deceased on the basis that his death occurred in the course of and resulting from his employment.

Appeal from Workmen's Compensation Appeal Board.

Proceeding under the Workmen's Compensation Law by Carrie Pannell, claimant, for the death of her husband, R. P. Pannell, opposed by the Vera Pocahontas Coal Company, employer. To review an order of the Compensation Appeal Board denying her compensation, the claimant appeals.

Reversed and remanded.

Patrick J. Flanagan, for appellant. J. Randolph Tucker, for appellees.

Fox, Judge:

The claimant has appealed from an order of the Compensation Appeal Board, denying her compensation as the widow of R. P. Pannell, an employee of the Vera Pocahontas Coal Company, who died on the 19th day of January, 1942, from cerebral hemorrhage. The attack from which he died came while he was in the course of his employment as a coal miner; and it is contended by the claimant that the attack resulted from said employment because of the presence of carbon dioxide, commonly called "black damp" in his working place in the mine. Specifically, her claim is that her husband had high blood pressure, and the presence of this poisonous gas operated to raise that pressure to the extent that it caused a breaking down of a blood vessel in the brain, which resulted in his death. There is no dispute as to the direct cause of his death. All the medical testimony is that he suffered what is termed a massive cerebral hemorrhage, which means that there was a rupture of a blood vessel and a diffusion of blood throughout the brain cavities. The employer ques-

[126 W.Va. 727]

tions the claim that decedent had high blood pressure, but in our view of the case it is of little importance whether he did or did not suffer from this ailment.

The decedent was working in what may be termed a dead end working place in a mine operated by his employer, and at a point near an abandoned portion of a mine which had been operated by another coal company. Air was forced into the mine through an air course which passed near, but not through the working place in which decedent was working. The air was diverted from its main course through another channel in which was constructed a curtain or brattice work for the purpose of checking the air in that course, and thereby forcing it back into the working place of the decedent. It is clearly shown that there was supposed to be danger of bad air in this dead end working place, and the mine foreman was cautioned to be on guard against this condition. This mine foreman, Snyder, testified that he examined the working place in question during the morning of January 19, and found no gas. Two other miners who worked some little distance from the point at which decedent worked, testify that there was some gas in their working place, but apparently not in dangerous quantities. Decedent's working place was inspected by the mine foreman the day following decedent's attack, and no gas was found, and on the day following the same working place was examined by an inspector of the State Mine Department, who found the air in a healthy condition. While there is some evidence indicating the existence of gas in the working place of the decedent, prior to the break-through into the abandoned mine hereafter to be discussed, we do not think such evidence is sufficient to establish that gas in dangerous quantities existed at that time. The evidence is that the decedent and his stepson, who was working with him, had suffered no apparent ill effects up to the time of the break-through into the abandoned mine. They went to work at the regular time, and worked two or three hours until about the

[126 W.Va. 728]

middle of the day when the decedent's attack came. The fact that, up to this time, they had suffered no ill...

To continue reading

Request your trial
17 practice notes
  • Pennington v. State Workmen's Compensation Com'r, No. 12934
    • United States
    • Supreme Court of West Virginia
    • 7 Julio 1970
    ...567; Morris v. State Compensation Commissioner, 135 W.Va. 425, 64 S.E.2d[154 W.Va. 384] 496; Pannell v. State Compensation Commissioner, 126 W.Va. 725, 30 S.E.2d 129; Keller v. State Compensation Commissioner, 125 W.Va. 185, 24 S.E.2d 81; Manning v. State Compensation Commissioner, Page 444......
  • Barnett v. State Workmen's Compensation Com'r, No. 12906
    • United States
    • Supreme Court of West Virginia
    • 3 Marzo 1970
    ...Board, that there was no unusual nor extraordinary effort made by the employee in moving the car.' In Pannell v. State Comp. Com'r, 126 W.Va. 725, 30 S.E.2d 129, this Court reversed the appeal board and held compensable a fatality which occurred under these circumstances: Pannell was a coal......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • 30 Abril 1951
    ...of an action at law, governed by the more or less rigid rules of evidence applicable to such cases.' Pannell v. State Compensation Com'r, 126 W.Va. 725, 731, 30 S.E.2d 129, 131. The provisions of Code, 23-1-15, likewise govern proceedings before the Appeal Board. Vento v. State Compensation......
  • Sisk v. State Workmen's Compensation Commissioner, No. 12842
    • United States
    • Supreme Court of West Virginia
    • 2 Diciembre 1969
    ...343, 141 S.E.2d 85; Morris v. State Compensation Commissioner, 135 W.Va. 425, 64 S.E.2d 496; Pannell v. State Compensation Commissioner, 126 W.Va. 725, 30 S.E.2d 129; Collett v. State Compensation Commissioner, 116 W.Va. 213, 179 S.E. 657; and Hall v. State Compensation Commissioner, 110 W.......
  • Request a trial to view additional results
17 cases
  • Pennington v. State Workmen's Compensation Com'r, No. 12934
    • United States
    • Supreme Court of West Virginia
    • 7 Julio 1970
    ...567; Morris v. State Compensation Commissioner, 135 W.Va. 425, 64 S.E.2d[154 W.Va. 384] 496; Pannell v. State Compensation Commissioner, 126 W.Va. 725, 30 S.E.2d 129; Keller v. State Compensation Commissioner, 125 W.Va. 185, 24 S.E.2d 81; Manning v. State Compensation Commissioner, Page 444......
  • Barnett v. State Workmen's Compensation Com'r, No. 12906
    • United States
    • Supreme Court of West Virginia
    • 3 Marzo 1970
    ...Board, that there was no unusual nor extraordinary effort made by the employee in moving the car.' In Pannell v. State Comp. Com'r, 126 W.Va. 725, 30 S.E.2d 129, this Court reversed the appeal board and held compensable a fatality which occurred under these circumstances: Pannell was a coal......
  • Morris v. State Compensation Com'r, No. 10340
    • United States
    • Supreme Court of West Virginia
    • 30 Abril 1951
    ...of an action at law, governed by the more or less rigid rules of evidence applicable to such cases.' Pannell v. State Compensation Com'r, 126 W.Va. 725, 731, 30 S.E.2d 129, 131. The provisions of Code, 23-1-15, likewise govern proceedings before the Appeal Board. Vento v. State Compensation......
  • Sisk v. State Workmen's Compensation Commissioner, No. 12842
    • United States
    • Supreme Court of West Virginia
    • 2 Diciembre 1969
    ...343, 141 S.E.2d 85; Morris v. State Compensation Commissioner, 135 W.Va. 425, 64 S.E.2d 496; Pannell v. State Compensation Commissioner, 126 W.Va. 725, 30 S.E.2d 129; Collett v. State Compensation Commissioner, 116 W.Va. 213, 179 S.E. 657; and Hall v. State Compensation Commissioner, 110 W.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT