Legal Opinion

McEwan v. State Compensation Commissioner

West Virginia Supreme Court

Decided May 20, 1941No. 9182PublishedCited by 11 opinions

1Opinion of the Court

Riley, Judge:

Agnes McEwan, surviving and dependent wife of Thomas McEwan, deceased, late employee of C. H. Mead Coal Company, appeals from an order of the Workmen’s Compensation Appeal Board affirming a ruling of the Workmen’s Compensation Commissioner refusing compensation on the ground that the death of claimant’s husband did not result from an injury received as a result of and in the course of his employment.

On January 12, 1940, decedent, then employed by said coal company as a fire boss at its No. 3 mine at East Gulf in Raleigh County, while en route from work to his home, was killed…

2Cases cited5 opinions

  1. De Constantin v. Public Service CommissionWest Virginia Supreme Court · 1914
  2. Long Flame Coal Co. v. State Compensation CommissionerWest Virginia Supreme Court · 1932
  3. Canoy v. State Compensation CommissionerWest Virginia Supreme Court · 1933
  4. Carper v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1939
  5. Caldwell v. Workmen's Compensation Appeal BoardWest Virginia Supreme Court · 1936

3Cited by11 opinions

  1. Bennett v. BucknerWest Virginia Supreme Court · 1966
  2. Billings v. State Compensation CommissionerWest Virginia Supreme Court · 1941
  3. Brown v. City of WheelingWest Virginia Supreme Court · 2002
  4. Williams v. Compensation CommissionerWest Virginia Supreme Court · 1942
  5. Shapaka v. State Compensation CommissionerWest Virginia Supreme Court · 1961

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