
    (No. 377
    VIRGINIA WILSON, Claimant, v. STATE DEPARTMENT OF PUBLIC ASSISTANCE, Respondent.
    
      Opinion filed January 17, 1945
    
    
      Opinion on rehearing filed December 17, 1945
    
    Appearances:
    
      W. S. Pettigrew, and R. K. Talbott, for the claimant;
    W. Bryan Spillers, Assistant Attorney General, for the state.
   CHARLES J. SCHUCK, Judge.

The facts upon which this claim is predicated are similar in all respects to those presented in the claim of Elma Shepherd against the department of public assistance decided at the present term, except that the claimant, Virginia Wilson, had a slightly higher rating on the preferred eligible list when dismissed without cause by the local agency of Cabell county, West Virginia. Upon appeal from said dismissal she was likewise reinstated by the state department and is entitled to her salary accordingly during the period of the said dismissal.

In accordance with the opinion heretofore filed in Shepherd v. Department of Public Assistance, we find for the claimant and make an award in the sum of nine hundred and sixty dollars ($960.00).

CHARLES J. SCHUCK, JUDGE,

upon petition for rehearing.

For the reasons heretofore set forth in the supplemental opinion filed in the matter of the claim of Elma Shepherd against the department of public assistance, the award heretofore made to claimant, Virginia Wilson, is reduced in the amount of $60.00, and consequently an award is now made and recommended in the amount of nine hundred dollars ($900.00).  