Legal Opinion
Ward v. State Workmen's Compensation Commissioner
West Virginia Supreme Court
Decided March 25, 1983No. 15692PublishedCited by 5 opinions
1Opinion of the Court
HARSHBARGER, Justice:
On December 10, 1979, Gordon Ward applied for occupational pneumoconiosis benefits, W.Va.Code, 23-4-1, et seq. The Workmen’s Compensation Commissioner ruled on May 13, 1980 that he had met the statute’s exposure requirements, and referred the claim to the Occupational Pneumoconio-sis Board. W.Va.Code, 23-4-15b.
His employer, The Ohio River Company, protested. In May, 1981, after a hearing and submission of the claim, the Commissioner set aside her original ruling and rejected Gordon’s claim because he was “not an employee within the meaning of” the workmen’s compensation…
2Cases cited14 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
- Calbeck v. Travelers Insurance Co.Supreme Court of the United States · 1962
- Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
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3Cited by5 opinions
- State Ex Rel. Dunlap v. BergerWest Virginia Supreme Court · 2002
- In Re All Maine Asbestos Litigation (Biw Cases)District Court, D. Maine · 1984
- Indiana & Michigan Electric Co. v. Workers' Compensation CommissionerWest Virginia Supreme Court · 1991
- Jacobson v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1990
- Ind. & Mich. Elec. v. Wkrs'comp. Com'rWest Virginia Supreme Court · 1991