State v. State Compensation Commissioner

• Decision Date: 29 October 1929
• Docket Number: 6636.
• Citation: 150 S.E. 230,108 W.Va. 68
• Parties: STATE ex rel. MEEKS v. STATE COMPENSATION COMMISSIONER.
• Court: West Virginia Supreme Court

150 S.E. 230

108 W.Va. 68

STATE ex rel. MEEKS v. STATE COMPENSATION COMMISSIONER.

No. 6636.

Supreme Court of Appeals of West Virginia.

October 29, 1929

Submitted October 23, 1929.

Syllabus by the Court.

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 durations of awards.

Original mandamus proceeding by the State, on the relation of G. W Meeks, against the State Compensation Commissioner. Writ denied.

F. A McGrew, of Charleston, for relator.

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

MAXWELL, J.

In consequence of an injury received in the course of his employment, relator was awarded compensation for a period of 80 weeks. Thereafter he applied for further compensation which was refused. Thereupon he notified the commissioner in writing that he objected to the finding and demanded a hearing in pursuance of section 43, chapter 71, of the Acts of the Legislature 1929. The commissioner refused the hearing. The purpose of this proceeding is to compel him to grant it.

Section 43, chapter 71, Acts of the Legislature 1929, is an amendment of section 43, chapter 15P, Code 1923. Said section of the Code provided: "The commissioner shall have full power and authority to hear and determine all questions within this jurisdiction, *** and the decision of the commissioner thereon shall be final; provided, in case the final action of such commissioner denies the right of the claimant to receive compensation from the fund or directly from the employer, as the case may be, on the ground that the injury was self inflicted or on the ground that the injury was not received in the course of and resulting from his employment, or upon any other ground going to the basis of the claimant's rights, then the claimant may, within ninety days after notice of the final action of such commissioner, apply for an appeal to the Supreme Court of Appeals. ***"

The portion of the amendment which supplants the part of the old statute just quoted reads: "*** But upon the making of any award going to the basis of claimant's right to compensation, as hereinafter provided from the fund or directly from any employer under section fifty-four, or upon the review of any action of any employer under section fifty-four, the commissioner shall give notice in writing to employer, employee or dependent, as the case may be, of his action, which action shall be final unless the employer employee or dependent shall, within ten days after receipt of said notice, object to said finding, in which event upon receipt of objection in writing from the employer, employee or dependent...