Watkins v. State Compensation Commissioner

Woods, Judge:

Petitioner, by mandamus, seeks a hearing under Code 1931, 23-5-1, in view of the compensation commissioner’s refusal to re-open his claim on tender of certain “after discovered evidence. ’ ’

The commissioner’s finding on the original application for compensation that the ‘ ‘ disability alleged is not the result of an injury received in course of and that said disability did not result from the employment”, was affirmed by this Court in Watkins v. Commissioner, 109 W. Va. 409. As indicated in that opinion, Watkins claimed to be suffering from pains in his head and neck, due to…