Walker v. State Comp. Comm'r. (No

• Decision Date: 10 September 1929
• Citation: 107 W.Va. 531
• Court: West Virginia Supreme Court
• Parties: Henry Walker v. State Compensation Commissioner et al.(No, 6516)

107 W.Va. 531

Henry Walker

v. State Compensation Commissioner et al.(No, 6516)

Supreme Court of Appeals of West Virginia.

Submitted September 4, 1929.

Decided September 10, 1929.

1 Master and Servant Settlement Contract With Employer, Whereby Claimant Waives Benefits Under Statute, is Void (Code, c. ISP, § 23).

A contract of settlement between claimant and employer, whereby the former waives any benefits under the Workmen's Compensation Act, is void.

Appeal from Order of Compensation Appeal Board.

Proceeding under the Workmen's Compensation Act by Henry Walker, opposed by the State Compensation Commissioner and others. From an order of the Compensation Appeal Board, directing the Compensation Commissioner as to payments, claimant appeals.

Reversed.

England & Ritchie, for appellant.

Woods, President:

This is an appeal by an injured employee from the award of the Commission, commonly called the Compensation Appeal Board, created by section 57, Chapter 68, Acts 1925, to review the awards of the Compensation Commissioner.

The employee, now totally blind, attributes the loss of his sight to a piece of coal which struck him in the right eye while he was engaged in scrapping bottom in a coal mine. After a delay of almost a year, and after claimant had practically lost his vision, a report was made by his employer, under protest, to the Compensation Commissioner, and after some investigation, an award of '' total disability'' for life was entered. Thereupon, the employer protested, and subsequent payments of compensation were suspended pending further investigation. An additional sum was paid later, bringing the award up to date. No further payments being made, the employee placed his claim before the Appeal Board.

A letter by the secretary of the Compensation Commissioner to Howard S. Jarrett, Secretary of the Appeal Board, after giving a brief summary of the case, states:

"Evidence was taken and filed in the matter of protest, and later, attorneys representing the claimant and the employer appeared at the Department and stated that an agreement had been reached between the parties, by which if claimant were paid compensation for the months of June to October, both inclusive, his claim for compensation would be considered adjusted, and settled. He had previously been paid compensation for the month of May. Pursuant to this agreement, there was issued on November 5th, check for $315.38, paying compensation for the period indicated, for which claimant executed and signed a receipt."

The Appeal Board, presumably acting on the assumption that payment under said agreement was tantamount to a new finding on behalf...