Legal Opinion · Dissent

Holstein v. State Compensation Director

West Virginia Supreme Court

Decided November 16, 1965No. 12462Published

1Dissent

BrowNing, President,

dissenting:

I dissent. It is deferentially and respectfully, as always, that I find myself in complete disagreement with the other four members of this Court.

A review of the former pertinent decisions of this Court clearly shows that the issue here presented has on several occasions been adjudicated by this Court and that at the time all of those decisions were rendered, Code, 23-4-6 (d), as amended, provided, as it does now, that, “If the injury results in the total loss by severance of any of the members named in this subdivision, . . . .” In Vandall v. Commissioner, 110…

2Cases cited5 opinions

  1. Vandall v. State Compensation CommissionerWest Virginia Supreme Court · 1931
  2. Reed v. State Compensation CommissionerWest Virginia Supreme Court · 1932
  3. Dillon v. State Compensation CommissionerWest Virginia Supreme Court · 1961
  4. Pugh v. State Compensation CommissionerWest Virginia Supreme Court · 1932
  5. Mills v. State Compensation CommissionerWest Virginia Supreme Court · 1944

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