Big Vein Coal Co. v. Leasure

Collins, J., delivered the opinion of the Court. This is an appeal by the State Accident Fund, appellant, from an order of the State Industrial Accident Commission, (the Commission), allowing Milson Thomas Leasure, claimant and appellee, an employee of Big Vein Coal Company, to file an amended claim for compensation. On July 5, 1945, appellee filed a claim, No. A47878, for an injury to his right hand, the accident occuring on June 19,1945. The Commission awarded him $23 a week during the continuance of his disability to begin on June 23, 1945.

In that claim of July 5,1945, no mention was made of any injury to any other part of appellee’s body, other than the right hand. Filed with that claim was a surgeon’s report which mentioned no injury, other than the right hand. In May, 1947, the appellee filed a petition requesting the reopening of claim No. A47878, supra, filed July 5, 1945, for the purpose of determining his disability from a back injury which he alleged he sustained at the same time he injured his right hand, the back injury not having been stated in his original claim. The Commission set ⁴³⁷ the case for hearing at Cumberland on August 15, 1947, on the reopening of claim No. A47878, supra.

On November 14, 1947, the Commission passed an order denying compensation on the ground that the claim for the injury to claimant’s back and hip was barred by limitations. From that order the appellee appealed to the Circuit Court for Allegany County. Before the case was heard on appeal the appellee filed a petition in that court asking that the