Legal Opinion

Cardwell v. State Workmen's Compensation Commr.

West Virginia Supreme Court

Decided March 28, 1983No. 15579PublishedCited by 15 opinions

1Opinion of the Court

HARSHBARGER, Justice:

Claimant, Jerry W. Cardwell, a former underground coal miner, is appealing, pro se, from a decision by the Workmen’s Compensation Appeal Board that he had been adequately compensated by an award of 38 percent permanent partial disability. Card-well contends that because Itmann refused to reemploy him because of his physical condition, he should be declared totally and permanently disabled. Cardwell’s a fortio-ri argument fairly raises a rather complex question: of what evidentiary value is an employer’s refusal to put an injured worker back to work? We will discuss the…

2Cases cited16 opinions

  1. Doris A. Taylor v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1975
  2. Lee v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1950
  3. Wilson v. Weyerhaeuser Co.Court of Appeals of Oregon · 1977
  4. Workman v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1977
  5. J. A. Foust Coal Co. v. MesserSupreme Court of Virginia · 1954

11 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Meadows v. LewisWest Virginia Supreme Court · 1983
  2. State Ex Rel. Blankenship v. RichardsonWest Virginia Supreme Court · 1996
  3. Javins v. Workers' Compensation CommissionerWest Virginia Supreme Court · 1984
  4. Verizon West Virginia, Inc. v. West Virginia Bureau of Employment Programs, Workers' Compensation DivisionWest Virginia Supreme Court · 2003
  5. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Charles Hamm, Jr.Court of Appeals for the Fourth Circuit · 1997

10 more not listed; retrieve them via the Exa API.

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