Legal Opinion · Dissent

Shrewsbury v. State Compensation Commissioner

West Virginia Supreme Court

Decided December 12, 1944No. 9631Published

1Dissent

Rose, President,

dissenting:

In my judgment, the orders of the compensation commissioner and the appeal board respectively should be affirmed.

The whole concept of the workmen’s compensation system is that an injured employee shall be rehabilitated and restored to a sound physical condition, so far as reasonably possible. It certainly never was intended that he should have the power to elect to remain crippled and to capitalize his injury for the purpose of drawing a pension therefrom for the rest of his life. It has always been held in this state, and in all others, so far as I can ascertain,…

2Cases cited4 opinions

  1. Barnes v. State Compensation CommissionerWest Virginia Supreme Court · 1935
  2. Cole v. State Compensation CommissionerWest Virginia Supreme Court · 1933
  3. Gillam v. Workmen's Compensation Appeal BoardWest Virginia Supreme Court · 1937
  4. Mahone v. Workmen's Compensation Appeal BoardWest Virginia Supreme Court · 1937

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