Turner v. State Compensation Com'r, No. 12162
| Court | Supreme Court of West Virginia |
| Writing for the Court | BROWNING; LESLIE E. GIVEN |
| Citation | 126 S.E.2d 40,147 W.Va. 106 |
| Parties | James H. TURNER v. STATE COMPENSATION COMMISSIONER and Pocahontas Fuel Co., Inc. |
| Docket Number | No. 12162 |
| Decision Date | 12 June 1962 |
Page 40
v.
STATE COMPENSATION COMMISSIONER and Pocahontas Fuel Co., Inc.
Decided June 12, 1962.
Syllabus by the Court
An injury received by an employee, in the course of his employment, in an altercation with a co-employee over the manner in which the work of the employer is being performed arises out of and as a result of the employment and is compensable.
R. L. Theibert, Charleston, for appellant.
Crockett, Tutwiler & Crockett, Charles A. Tutwiler, & Welch, for appellee.
BROWNING, Judge.
On petition of the claimant, James H. Turner, this Court granted an appeal from an order of the Workmen's Compensation Appeal Board of January 15, 1962, wherein the Board reversed the State Compensation Commissioner and held claimant not to be entitled to compensation benefits.
Claimant and Sidney Morrison were assigned to the job of roof bolting in the mine of the Pocahontas Fuel Company at Bishop, Virginia, which job required them to operate a 'pin-up' or 'pinning' machine. The two men had worked [147 W.Va. 107] together for two to four months previous to September 16, 1959, and in the words of the claimant; 'He [Morrison] was hard to get along with, wanting to be the boss instead of helper. I had to do all the work and he did just as little as possible. He liked to argue all the time but I do not like to argue, especially on the job. * * *' The men had known each other three to four years and both stated that they had no trouble outside the mine.
On September 16, 1959, claimant was injured when Morrison attacked him with a pick, claimant stating: '* * * Well, that morning I was up in the place, waiting on the loading machine to pull back, waiting to get out. After the machine pulled back I came out and came to the entrance and he hollered, 'Look out, look out, look out!' I didn't pay no mind, because I knew what I was doing. So when I got straightened up I went up to the next place. I got stuck in the next place, couldn't get to where he wanted and he said, 'Not so fast'. I tried to get it up a little further. Well you can do this and you can do that----. Well I couldn't get no further so I sat there. And I got up off the machine and turned to go get the air hose to connect the air going to the machine, and
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all of a sudden he hollered. I didn't know what had happened. I aimed to turn, because I thought the top was falling, or something, unbeknownst to me. I aimed to turn around, and he hit me from behind. [with the pick] * * * He knocked me down. I started up again and he hit me again, beside the head, mostly behind. So I started--aimed to get up, and I couldn't do it. He hit me again. Well I couldn't get up. He hit me in the back three times. Well, I asked him what he...To continue reading
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Geeslin v. Workmen's Compensation Com'r, No. 15287
...is overruled. Claytor v. Compensation Commissioner, 144 W.Va. 103, 106 S.E.2d 920 (1959), and Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40 (1962), are overruled to the extent they are inconsistent with the principles enunciated 3. "Under Code, 23-4-2, wilful misco......
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Barnett v. State Workmen's Compensation Com'r, No. 12906
...received in the 'zone of employment' this Court has generally held that to be sufficient. In Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40, it was held that an injury received by an employee in a fight with a fellow employee over the manner of the performance of th......
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State by State Road Commission v. Boggess, No. 12135
...accordingly, the judgment of the Circuit Court of Jackson County is affirmed. Judge LESLIE E. GIVEN participated in the decision of this [147 W.Va. 106] case and concurred in the decision made, but his death occurred before this opinion was prepared, approved and Affirmed. ...
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Sizemore v. State Workmen's Compensation Com'r, No. 13810
...context and the claimant is not the aggressor, an injury resulting therefrom is compensable. Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40 For the reasons stated, the order of the Workmen's Compensation Appeal Board is reversed and the Commissioner's initial findin......
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Geeslin v. Workmen's Compensation Com'r, No. 15287
...is overruled. Claytor v. Compensation Commissioner, 144 W.Va. 103, 106 S.E.2d 920 (1959), and Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40 (1962), are overruled to the extent they are inconsistent with the principles enunciated 3. "Under Code, 23-4-2, wilful misco......
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Barnett v. State Workmen's Compensation Com'r, No. 12906
...received in the 'zone of employment' this Court has generally held that to be sufficient. In Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40, it was held that an injury received by an employee in a fight with a fellow employee over the manner of the performance of th......
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State by State Road Commission v. Boggess, No. 12135
...accordingly, the judgment of the Circuit Court of Jackson County is affirmed. Judge LESLIE E. GIVEN participated in the decision of this [147 W.Va. 106] case and concurred in the decision made, but his death occurred before this opinion was prepared, approved and Affirmed. ...
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Sizemore v. State Workmen's Compensation Com'r, No. 13810
...context and the claimant is not the aggressor, an injury resulting therefrom is compensable. Turner v. State Compensation Commissioner, 147 W.Va. 106, 126 S.E.2d 40 For the reasons stated, the order of the Workmen's Compensation Appeal Board is reversed and the Commissioner's initial findin......