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Shackelford v. Shackelford

January 23, 1953

SHACKELFORD
v.
SHACKELFORD ET AL.



Moremen

MOREMEN, Justice. The only question presented by this appeal concerns whether or not the Workmen's Compensation Board abused sound discretion when it struck from the record and refused to consider certain proof offered by appellant in support of his claim for compensation against appellee, Shackelford Coal Company.

The record discloses this chronicle:

April 9, 1948, appellant was injured;

August 6, 1948, application for adjustment of claim was filed;

October 15, 1948, parties agreed that case he presented by depositions;

March 28, 1949, appellant took depositions, but did not file them with board;

March 2, 1950, Board informed appellant by letter:

'Unless a motion to this board requesting extension of time, is received, by the next meeting of date March 21, 1950, the board of its own motion will enter an order, ordering plaintiff's case closed in chief';

March 21, 1950, Board ordered appellant's case be closed because no motion had been received;

April 8, 1950, appellant and appellee stipulated that order of Board entered March 21, 1950, be set aside; that depositions taken March 29, 1949, be considered as evidence on behalf of appellant, and that a written report of Dr. Dana Snyder be considered as being competent evidence;

April 10, 1950, stipulation, depositions and statement filed with board;

August 15, 1950, referee struck depositions from record and dismissed appellant's claim;

November 1, 1950, board approved action of referee;

November 27, 1950, Circuit Court dismissed ...


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