WARE v. STATE WORKMEN'S COMPENSATION COMMISSIONER

No. 13819.

234 S.E.2d 778 (1977)

Eloise WARE v. STATE WORKMEN'S COMPENSATION COMMISSIONER and Brockway Glass Co., Inc.

Supreme Court of Appeals of West Virginia.

May 17, 1977.


Attorney(s) appearing for the Case

Hostler & Shinaberry, Sterl F. Shinaberry and Charles M. Kincaid, Charleston, for appellant.

Steptoe & Johnson, James M. Wilson, Clarksburg, for appellees.


NEELY, Justice.

This case presents the novel question of whether an injury is compensable when it results from two factors, first an idiopathic fall, and second the injury occasioned by that fall. We find that where a prior disease or condition causes an employee to fall or lose consciousness and after such fall or loss of consciousness the employee sustains injuries which he probably would not have sustained had the fall or loss of consciousness occurred away from...

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