Legal Opinion
Blue Diamond Coal Company v. Pannell
Supreme Court of Virginia
Decided November 27, 1961No. Record 5309PublishedCited by 28 opinions
1Opinion of the CourtWhittle, J.
This appeal presents for review an award of the Industrial Commission against Blue Diamond Coal Company, hereinafter called Blue Diamond, wherein the Commission awarded the statutory benefits. The award carried into effect the majority opinion of the Commission-one commissioner dissenting.
The assignments of error present four questions, the first being: Was the claim filed within the statutory period? This is jurisdictional, the burden resting with the claimant to prove that the claim was timely filed. Railway Express Agency v. Harrington, 119 Ind. App. 593, 88 N. E. 2d 175, 915; Winston v.…
2Cases cited7 opinions
- Winston v. City of RichmondSupreme Court of Virginia · 1954
- Stanswsky v. Industrial CommissionIllinois Supreme Court · 1931
- Railway Express Agency v. HarringtonIndiana Court of Appeals · 1949
- Virginia & West Virginia Coal, Co. v. CharlesCourt of Appeals for the Fourth Circuit · 1918
- Rogers v. WilliamsSupreme Court of Virginia · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hawks v. Henrico County School BoardCourt of Appeals of Virginia · 1988
- Barksdale v. H.O. Engen, Inc.Supreme Court of Virginia · 1977
- Trieschock v. Owens Corning Fiberglas Co.Supreme Court of Pennsylvania · 1986
- Sargent Electric Co. v. WoodallSupreme Court of Virginia · 1984
- Shawley v. Shea-Ball Construction Co.Supreme Court of Virginia · 1975
23 more not listed; retrieve them via the Exa API.