Legal Opinion

Lively v. State Compensation Commissioner

West Virginia Supreme Court

Decided January 17, 1933No. 7435PublishedCited by 14 opinions

1Opinion of the Court

Woods, Judge:

This appeal is prosecuted from the action of the compensation commissioner in refusing an award on the ground that the disability was not proven to be due to an injury received in the course of and resulting from claimant’s employment.

At the outset, the commissioner questions the court’s jurisdiction in the premises. He points out that the claim, being based on sis weeks’ disability, can in no event exceed $80.00 (Code 1931, 23-4-5&6), and is, therefore, not appeal-able. Constitution W. Va., Art. VIII, sec. 3. Jurisdiction over appeals provided for in the compensation act (Code…

2Cases cited2 opinions

  1. De Constantin v. Public Service CommissionWest Virginia Supreme Court · 1914
  2. Fulk v. State Compensation CommissionerWest Virginia Supreme Court · 1932

3Cited by14 opinions

  1. Mumpower v. Housing AuthoritySupreme Court of Virginia · 1940
  2. Appeal of Pine Bluffs v. State Board of EqualizationWyoming Supreme Court · 1958
  3. Vento v. State Compensation CommissionerWest Virginia Supreme Court · 1947
  4. Ward v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1970
  5. City of Norfolk v. Board of SupervisorsSupreme Court of Virginia · 1937

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