Legal Opinion

Demastes v. State Compensation Commissioner

West Virginia Supreme Court

Decided September 13, 1932No. 7360PublishedCited by 17 opinions

1Opinion of the Court

Lively, Judge :

Tbe compensation commissioner rejected tbe claim of petitioner, Stella B. Demastes, for compensation claimed by reason of tbe death of petitioner’s bnsband, an employee of Croft Lumber Company, on tbe ground that tbe employee’s death was not caused by an injury received in tbe course of and resulting from bis employment. Tbe reason assigned for rejection of tbe claim is the pivotal issue upon review.

Demastes was employed as “buck swamper”, whose duty it was to mark timber and brush in a wooded area to be cut later for tbe formation of a road. He worked alone. About ten o’clock…

2Cases cited3 opinions

  1. Ohio Building Safety Vault Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. Poccardi v. Public Service CommissionWest Virginia Supreme Court · 1915
  3. Goble v. State Compensation CommissionerWest Virginia Supreme Court · 1932

3Cited by17 opinions

  1. Morris v. State Compensation CommissionerWest Virginia Supreme Court · 1951
  2. Byrd v. Stonega Coke & Coal Co.Supreme Court of Virginia · 1944
  3. Pennington v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1970
  4. Vento v. State Compensation CommissionerWest Virginia Supreme Court · 1947
  5. Guiles v. Department of Labor & IndustriesWashington Supreme Court · 1942

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