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SPAULDING v. STATE WORKMEN'S COMPENSATION COM'R

No. 13417.

205 S.E.2d 130 (1974)

Franklin D. SPAULDING v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Eastern Associated Coal Company.

Supreme Court of Appeals of West Virginia.

May 21, 1974.

Attorney(s) appearing for the Case

W. O. Bivens, Jr., Michael H. Lilly, Bluefield, for appellant.

H. G. Shaffer, Jr., Madison, for appellees.

CAPLAN, Chief Justice:

The claimant, Franklin D. Spaulding, was injured on September 10, 1971, while in the employ of Eastern Associated Coal Corporation. As described on the Employer's Report of Injury the claimant received a neck injury when a "Piece of chisel chipped off hitting injured in neck." Although the claim which claimant subsequently filed was determined to be compensable, inasmuch as there was no lost time in excess of three days, there was no payment...

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