Myers v. State Compensation Commissioner

Henna, Judge:

Relator seeks a writ of mandamus directed to the compensation commissioner, requiring that his case which was closed July 26, 1929, by the final payment of an award theretofore made, be reopened. The case has been in this court before and tbe facts are fully set out in a painstaking opinion by Judge Litz, speaking for tbe court, in Myers v. Compensation Commissioner, 110 W. Va. 425, 158 S. E. 512. That appeal was dismissed as improvidently awarded because not brought within tbe ninety-day period fixed by statute.

Relator shows that on the 9th of January, 1933, he filed his…