Legal Opinion

Caldwell v. State Compansation Commisioner

West Virginia Supreme Court

Decided April 23, 1929No. 6494PublishedCited by 4 opinions

1Opinion of the Court

Lively, Judge :

The alternative writ requires tbe Commissioner to pay petitioner the compensation awarded him on September 29, 1928, of $16.00 per week for one hundred eighty weeks, or show cause why he should not do so. Respondent demurred to the petition and moved to quash the writ on the grounds that an appeal from the finding of the Commissioner was the proper and adequate remedy; and that the action of the Commissioner in setting aside the award of September 29, 1928, and refusing the payment of further compensation was quasi judicial; therefore on both grounds mandamus would not lie.

The…

2Cases cited3 opinions

  1. United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
  2. Caldwell v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1928
  3. Higgins v. Williams Pocahontas Coal Co.West Virginia Supreme Court · 1927

3Cited by4 opinions

  1. Hall v. State Compensation CommissionerWest Virginia Supreme Court · 1930
  2. Saunders v. State Compensation CommissionerWest Virginia Supreme Court · 1932
  3. Rogers v. State Compensation CommissionerWest Virginia Supreme Court · 1954
  4. Rogers v. State Compensation CommissionerWest Virginia Supreme Court · 1954

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