Stricklin v. State Compensation Com'r, 7410.

• Court: Supreme Court of West Virginia
• Writing for the Court: MAXWELL, J.
• Citation: 166 S.E. 364,112 W.Va. 661
• Parties: STRICKLIN v. STATE COMPENSATION COM'R
• Docket Number: 7410.
• Decision Date: 25 October 1932

166 S.E. 364

112 W.Va. 661

STRICKLIN
v.
STATE COMPENSATION COM'R

No. 7410.

Supreme Court of Appeals of West Virginia.

October 25, 1932

Submitted October 18, 1932.

Syllabus by the Court.

Order was entered on appeal recommitting compensation case for further development, where evidence was insufficiently developed to warrant decision on merits.

"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 (W. Va.) 165 S.E. 675; Bowling v. Commissioner (W. Va.) 166 S.E. 9.

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

Reversed and remanded for further development.

H. W. B. Mullins, of Madison, for appellant.

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

MAXWELL, J.

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 decedent was not due to an injury received in the course of and resulting from his employment.

October 24, 1931, deceased was working as 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 striking him on the hand. This witness' statements are inconsistent as [112 W.Va. 662] 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...