Carl W. Smith, Sr. v. State Workmen’s Compensation Commissioner and Eastern Associated Coal Corporation

Summary

The court reversed a Workmen's Compensation Appeal Board order and held that the Workmen's Compensation Commissioner may require a self-insured employer, Eastern Associated Coal Corporation, to pay its injured employee's medical bills exceeding the $3,000 ceiling in W. Va. Code 1931, 23-4-3(a), because that ceiling governs only disbursements 'from the fund' for employees of general subscribers. Reading Code 23-2-9, 23-3-1, and 23-4-3 in pari materia, the court held the Commissioner may maintain an unlimited medical expense fund restricted to general subscribers and may require self-insurers to cover all medical attention incident to a compensable claim at least to the extent provided by the Act. The court also rejected the employer's due process and equal protection objections, finding the protest remedy under Code 23-5-1 adequate and equally available to self-insurers and general subscribers.