Tackett v. Ott
| Decision Date | 14 January 1930 |
| Docket Number | (No. 6688) |
| Citation | 108 W.Va. 402 |
| Court | West Virginia Supreme Court |
| Parties | Etta J. Tackett v. Lee Ott, State CompensationCommissioner |
Master and Servant Statute Providing Procedure for Rehearing in Workmen's Compensation Proceeding Held Applicable to Pending Claims (Code, c. 15P, § J+3, as amended by Acts 1929, c. 71).
The procedure provided for in section 43, Chapter 15P, Barnes 1923 Code, as amended and re-enacted by Chapter 71, Acts 1929, applies not only to claims arising after the same went into effect, but to pending claims as well.
Proceeding under the Workmen's Compensation Act by Etta J. Tackett, claimant, for death of her husband, Grover Tackett. From an order of Lee Ott, State Compensation Commissioner, denying compensation, claimant appeals.
'Reversed and remanded, with directions.
Sherman H. Eary, for appellant.
Howard B. Lee, Attorney General, B. Dennis Steed, Assistant Attorney General, and Chas. D. Smith, for appellants.
Grover Tackett died November 15, 1928, as a result of injuries sustained the day before, when the truck which he was driving overturned. His employer was a subscriber to the compensation fund. Etta J. Tackett, to whom deceased was married in 1912, filed an application for compensation. The record discloses that she instituted a proceeding for divorce in September, 1927, and that same was still pending at the time of her husband's death. The claim was refused on the ground that the claimant had not brought herself within the statute. A few days after the finding of August 14, 1929, claimant, by her attorney, appeared before the commissioner, and, on the theory that the provisions of section 43, Chapter 15P, Barnes 1923 Code, as amended and re-enacted by Chapter 71, Acts 1929, applied to her claim, as well as tc claims arising after the same went into effect, objected and excepted to said finding, and requested the commissioner to set a date for hearing. The commissioner re-opened the case on August 31st, but proceeded under the law as it stood at the time of the injury of the deceased. On October 31, 1929, an order was again entered denying claimant the right to participate in the fund.
Was the claimant entitled, under section 43, as amended, to the hearing therein provided for? So much of this section as is applicable provides: ...
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Lester v. State Workmen's Compensation Com'r
...127 W.Va. 67, 31 S.E.2d 499 (1944); Proffitt v. State Compensation Commissioner, 108 W.Va. 438, 151 S.E. 307 (1930); Tackett v. Ott, 108 W.Va. 402, 151 S.E. 310 (1930); McShan v. Heaberlin, 105 W.Va. 447, 143 S.E. 109 (1928). A substantial majority of those jurisdictions which have consider......
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Hubbard v. SWCC and Pageton Coal Co.
...127 W.Va. 67, 31 S.E.2d 499 (1944); Proffitt v. State Compensation Commissioner, 108 W.Va. 438, 151 S.E. 307 (1930); Tackett v. Ott, 108 W.Va. 402, 151 S.E. 310 (1930); McShan v. Heaberlin, 105 W.Va. 447, 143 S.E. 109 It cannot seriously be argued that the period of limitations contained in......
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Carroll Hardwood Lumber Co. v. Stephenson
...with procedure only, prima facie, it applies to all actions those which have accrued or are pending and future actions. Tacket v. Ott, 108 W. Va. 402, 151 S. E. 310. See also Bankhead v. Baughman, 115 W. Va. 438, 176 S. E. 854; and Pickens v. Knisley, 29 W. Va. 1, 11 S. E. 932. This statute......
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Carroll Hardwood Lumber Co. v. Stephenson
... ... It does, however, permit the joinder of a personal ... representative with surviving defendants in the original ... action. When a new statute deals with procedure only, prima ... facie, it applies to all actions--those which have accrued or ... are pending and future actions. Tackett v. Ott, 108 ... W.Va. 402, 151 S.E. 310. See also Bankhead v ... Baughman, 115 W.Va. 483, 176 S.E. 854; and Pickens ... v. Knisely, 29 W.Va. 1, 11 S.E. 932, 6 Am.St.Rep. 622 ... This statute being procedural was applicable to the original ... action. Plaintiff had the right, therefore, to ... ...