Legal Opinion · Dissent

Evans v. State Compensation Director

West Virginia Supreme Court

Decided October 19, 1965No. 12478Published

1DissentCalhouN, Judge

Respectfully I dissent from the Court’s decision as expressed in the majority opinion. My dissent relates to the matters dealt with in the first, second and third points of the syllabus. I agree with that portion of the decision which is summarized in the fourth point of the syllabus.

It is difficult for me to conceive of a weaker case factually than that in behalf of the claimant in this case on the question of causal connection between his former employment and his disability. It is not sufficient that medical testimony may establish that the claimant’s disability may have resulted from a…

2Cases cited7 opinions

  1. MacHala v. Comp. Com.West Virginia Supreme Court · 1930
  2. Machala v. State Compensation CommissionerWest Virginia Supreme Court · 1930
  3. Newberry v. WattsSupreme Court of Virginia · 1914
  4. Hayes v. State Compensation DirectorWest Virginia Supreme Court · 1965
  5. Hoff v. State Compensation CommissionerWest Virginia Supreme Court · 1963

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