Lilly v. State Workmen's Compensation Commissioner

Caplan, Justice:

This workmen’s compensation appeal presents a question novel to our jurisdiction. Can a claim for workmen’s compensation benefits predicated upon a back injury alleged to have occurred over a period of time as a result of the claimant’s employment be considered an occupational disease under the provisions of W. Va. Code, 1931, 23-4-1, as amended?

The claimant, Laura A. Lilly, was employed by the Charleston Garment Company, a subsidiary of Bobbie Brooks, a manufacturer of ladies clothing. Her principal duties consisted of sewing certain garments during which she was required to…