Legal Opinion · Dissent

Claytor v. State Compensation Commissioner

West Virginia Supreme Court

Decided February 24, 1959No. 11025Published

1DissentBrowning, Judge

I find myself in disagreement with the other members of this Court in the decision to reverse the unanimous decision of the Workmen’s Compensation Appeal Board, which affirmed the State Compensation Commissioner, in awarding compensation benefits to the appellee and her children. It is my view of the decisions of this Court that no precedent has been established that requires such a decision upon the facts in this record. It is true that in Archibald v. State Compensation Commissioner, 77 W. Va. 448, 87 S. E. 791, there is some dicta by Judge Poffenbarger to the effect that an injury…

2Cases cited3 opinions

  1. Archibald v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1916
  2. Crowder v. State Compensation CommissionerWest Virginia Supreme Court · 1934
  3. Jackson v. State Compensation CommissionerWest Virginia Supreme Court · 1944

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