Stricklin v. State Comp. Comm'r

• Decision Date: 25 October 1932
• Docket Number: (No. 7410)
• Citation: 112 W.Va. 661
• Court: West Virginia Supreme Court
• Parties: LlLLTE stricklin v. state compensation commissioner

112 W.Va. 661

LlLLTE stricklin

v. state compensation commissioner

(No. 7410)

Supreme Court of Appeals of West Virginia.

Submitted October 18, 1932.

Decided October 25, 1932.

Master and Servant

"Where the facts concerning a claim for compensation, arising under the Workmen's Compensation Act, are not sufficiently developed by evidence to enable the commissioner or the court to arrive at the real merits of the claim, an order may be entered here re-committing the case to the commissioner for further development." Holland v. Commissioner, 112 W. Va. 507, 165 S. E. 675; Bowling v. Commissioner, 112 W. Va. 604, 166 S. E. 9.

Proceedings under the Workmen's Compensation Act by Lillie Stricklin for the death of her husband. Prom an order of the Compensation Commissioner refusing compensation, claimant appeals.

Reversed; remanded.

H. W. B. Mullins, for appellant.

II. B. Lee, Attorney General, and R. Dennis Steed, Assistant Attorney General, for respondent.

Maxwell, Judge:

Claimant, widow of deceased, was granted an appeal from an order of the compensation commissioner refusing compensation on the ground that the death of the decendent was not due to an injury received in the course of and resulting from his employment.

October 24, 1931., deceased was working els a coal loader with one Joe Wolczek in a mine of the Spruce River Coal Company in Boone County. Wolczek stated that deceased received an injury to his right hand while digging down top coal with a pick. A piece of coal flew from the pick stricking him on the hand. This witness' statements are inconsistent as to what part of the right hand was injured. In an affidavit made November 25, 1931, he stated the injury was to the right fore finger. In a subsequent affidavit (December 10, 1931) and likewise at a hearing (March 17, 1932) he stated that deceased was injured on the second joint of the middle finger of the right hand. He stated that the injured place was about as large as the head of a match. This witness also testified that deceased complained that he was not feeling well when he came to work on the evening of October 24th.

Deceased was confined in his bed October 27th and a doctor was summoned. The doctor observed that his right arm was inflamed and swollen, and, in endeavoring to ascertain the cause of the suffering, found a small open sore on the back of the right hand at the junction of the index finger with the hand. This was the source of infection. He diagnosed the trouble as blood poisoning, and attended deceased two or three times a day until November 2nd. On that day deceased was taken to a hospital at Charleston where he died within thirty minutes after his arrival.

Claimant testified that deceased complained to her Sunday morning, October 25th, that he had skinned his knuckle; that it pained him; and that his arm hurt him. (This was within about twelve hours after he is supposed to have been injured in the mine.) On Monday morning he again complained to her that his arm pained him so much during the night that he could not rest. She stated also that she saw the injured place on...