State v. State Compensation Com'r
| Decision Date | 20 May 1930 |
| Docket Number | 6791. |
| Citation | 153 S.E. 509,109 W.Va. 218 |
| Parties | STATE ex rel. MURASKY v. STATE COMPENSATION COMMISSIONER. |
| Court | West Virginia Supreme Court |
Submitted May 14, 1930.
Syllabus by the Court.
Supplemental claim of total permanent disability which failed to show matters not considered on former finding of permanent partial disability did not entitle claimant to rehearing; hearing by compensation commissioner under statute applies only to matters going to basis of claimant's or employer's right; "Go to basis of claimant's right" (Acts 1929, c. 71, § 43).
A supplemental claim of total permanent disability, made after a percentage rating of partial permanent disability had been entered and compensation paid thereunder, which fails to show an aggravated condition of the old injury not taken into account on the former finding, or a new claim growing out of the same, does not go to the basis of claimant's right within the meaning of section 43, c. 71, Acts 1929.
Original mandamus proceeding by the State, on the relation of Wasil Murasky, against the State Compensation Commissioner.
Writ denied.
England & Ritchie, of Charleston, for relator.
H. B Lee, Atty. Gen., and R. Dennis Steed, Asst. Atty. Gen., for respondent.
Petitioner seeks by mandamus to require the state compensation commissioner to grant him a rehearing under section 43, c 71, Acts 1929, from an order of said commissioner refusing him further compensation for an injury to his leg, which he alleges to be total and permanent in nature. A demurrer to the petition and motion to quash the alternative writ awarded thereon were interposed on behalf of the commissioner, who for return denied the extent of injury set up in the petition, alleging that 25 per cent. partial total disability is the full measure of the injury, and in support thereof refers to the record made before the commissioner, which is incorporated in and made a part of said return.
In the case of State ex rel. Meeks v. Commissioner, 108 W.Va. 68, 150 S.E. 230, it was held that a hearing by the compensation commissioner at the request of an employer, employee, or dependent, as provided for by section 43 of chapter 71 of the Acts of 1929, applies only to matters going to the basis of the claimant's or employer's right, and not to amounts or duration of awards. So, we are met at the outset with the question of whether or not the supplemental claim set up...
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