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BAILEY v. SWCC

Nos. 15479, 15462 and 15459.

296 S.E.2d 901 (1982)

Charles BAILEY v. SWCC and Eastern Associated Coal Corp. Delmar Eugene BERRY v. SWCC and Orders & Haynes Paving Company. Kay W. CHAPMAN v. SWCC and G.C. Murphy Co.

Supreme Court of Appeals of West Virginia.

June 24, 1982.

Attorney(s) appearing for the Case

Kay W. Chapman, pro se, for appellants.

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty and George E. Roeder, III, Charleston, for appellees.

NEELY, Justice:

We have consolidated the appeals in these three cases in order to consider whether to adhere to prior decisions holding that non-compliance with directory time limitations of the Workmen's Compensation Act erects a jurisdictional hurdle that can never be overcome. No convincing reason to adhere to that proposition presents itself, so today we overrule our holdings concerning the jurisdictional nature of time periods in Spaulding v. State Workmen...

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