Pauley v. State Comp. Comm'r, 7263.

• Decision Date: 02 February 1932
• Docket Number: No. 7263.,7263.
• Citation: 162 S.E. 891
• Court: West Virginia Supreme Court
• Parties: PAULEY. v. STATE COMPENSATION COMMISSIONER.

162 S.E. 891

PAULEY.

v.STATE COMPENSATION COMMISSIONER.

No. 7263.

Supreme Court of Appeals of West Virginia.

Feb. 2, 1932.

Syllabus by the Court.

If a claimant for compensation from the workmen's compensation fund makes no objection to a definite rejection of his entire claim by the state compensation commissioner within ten days after receiving notice thereof, the claim is closed. The commissioner has no jurisdiction after the ten-day period to reopen the claim on evidence substantially the same as theretofore submitted.

Mandamus proceeding by W. D. Pauley against the State Compensation Commissioner.

Writ of mandamus denied.

Lively & Stambaugh, of Charleston, for relator.

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

HATCHER, P.

Mandamus is sought to compel the commissioner to hear and set a date for taking evidence in this case. A chronology follows: On November 19, 1926, C. H. Pauley, aged 22 years, met death while in the employ of a subscriber to the workmen's compensation fund. On January 12, 1927, W. D. Pauley, deceased's father, filed a claim (supported by an affidavit) for compensation as a partial dependent of his son, stating that claimant's earnings were $100 per month, and that "approximately $50.00" was contributed to his support by decedent for the year preceding the death. On January 13, 1927, the commissioner instructed claimant to furnish proof of dependency. Nothing was done further until March 30, 1931, when the commissioner, after a visit from deceased's mother, again requested proof of dependency of claimant. On April 3d an affidavit of Mrs. Pauley was filed, stating that deceased had contributed $10 per week for the support of the family, which was used to pay for groceries, together with a certificate of George Russel, stating that, while deceased was working in the coal mines, he "used to help financially his parents." On April 10th the commissioner requested an inspector of his department to investigate the case. The inspector took the affidavits of Mr. and Mrs. Pauley, from which he reported: "They state deceased paid board at the rate of $10.00 per week while he made his home with them from November, 1925, to the first of September, 1926, and when he was in Charleston for about two months, made no contributions, and that W. D. Pauley's earnings during the twelve months previous to his son's death is $100.00 each month, and that their testimony showed there seemed to be no one dependent, other than father and mother, they being in good health. Therefore, I did not make further investigation." On May 22, 1931, the commissioner...