Cornell v. Cities Service Gas Co.

• Court: Kansas Supreme Court
• Writing for the Court: HARVEY, Justice.
• Citation: Cornell v. Cities Service Gas Co., 138 Kan. 607, 27 P.2d 228 (Kan. 1933)
• Decision Date: 09 December 1933
• Docket Number: 31329.
• Parties: CORNELL v. CITIES SERVICE GAS CO.

27 P.2d 228

138 Kan. 607

CORNELL v. CITIES SERVICE GAS CO.

No. 31329.

Supreme Court of Kansas

December 9, 1933

Syllabus by the Court.

Compensation commissioner's unappealed finding that employee sustained partial loss of use of foot held final determination that employee had sustained scheduled injury not permanent partial general disability (Rev. St. Supp. 1931, 44--501 et seq.).

Modification of award of compensation for scheduled injury held properly denied where evidence disclosed that there was no material change in extent of injury.

Contention that trial court should have made different finding presents no question of law for review in workmen's compensation case where finding made is supported by substantial competent evidence.

1. On the hearing of a claim for compensation, the commissioner found claimant had sustained a partial loss of the use of the foot. No appeal was taken. Held, this was a final determination that claimant had sustained a scheduled injury not permanent partial general disability.

2. On the hearing of a petition to review and modify an award of compensation for a scheduled injury, there was evidence that there had been no material change in the extent of the injury. Held, the commissioner and trial court properly refused to modify.

3. In a workmen's compensation case an appeal, on the ground the trial court should have made a different finding, presents no question of law for review where the finding made is supported by substantial competent evidence.

Appeal from District Court, Johnson County; G. A. Roberds, Judge.

Proceedings under the Workmen's Compensation Act by Charles Cornell employee, opposed by the Cities Service Gas Company employer. From a judgment refusing to modify an award of the compensation commissioner, the claimant appeals.

George E. Gard, of Kansas City, for appellant.

James W. Finley, Hayes McCoy, Glenn W. Clark, and R. E. Cullison all of Bartlesville, Okl., for appellee.

HARVEY Justice.

This is a workmen's compensation case. On the hearing of a petition for review and modification of an award, the commissioner and trial court refused to modify it, and claimant has appealed.

While claimant was employed by respondent and both operating under the compensation act (Rev. St. Supp. 1931, 44--501 et seq.) he sustained an accidental injury consisting of the fracture of both bones of the right leg immediately above the ankle. He presented a claim for compensation, and, after a hearing, the commissioner found that his injury resulted in a 60 percent. loss of the use of a foot, and awarded compensation accordingly. Neither party appealed from that award. Respondent made the payments as the award provided. Before the last payment was made, the petition to review and modify was filed. On the hearing of that petition the same physicians who had examined claimant and testified at the former hearing again examined him and gave their testimony. In substance it was that there had been no material change since the former hearing with respect to the loss by claimant of...