Sizemore v. State Workmen's Compensation Commissioner

Haden, Chief Justice:

This is an appeal from a final order of the Workmen’s Compensation Appeal Board which affirmed a decision by the Workmen’s Compensation Commissioner denying appellant’s application for widow and dependent death benefits. In denying the application, the Commissioner held that the provisions of W. Va. Code 1931, 23-4-10, as amended, in effect at the time appellant’s husband, Oliver Sizemore, was injured, controlled the disposition of the application and not the statute in effect at the date of his death.

On September 25, 1961, Oliver Sizemore sustained serious injuries to…