Enneberg v. State Indus. Acc. Commission

• Court: Oregon Supreme Court
• Writing for the Court: HARRIS, J.
• Citation: Enneberg v. State Indus. Acc. Commission, 88 Or. 436, 171 P. 765 (Or. 1918)
• Decision Date: 26 March 1918
• Parties: ENNEBERG v. STATE INDUSTRIAL ACCIDENT COMMISSION.

171 P. 765

88 Or. 436

ENNEBERG v. STATE INDUSTRIAL ACCIDENT COMMISSION.

Supreme Court of Oregon

March 26, 1918

Department 1.

Appeal from Circuit Court, Columbia County; J. A. Eakin, Judge.

Proceedings under Workmen's Compensation Act by O. Enneberg to obtain compensation for personal injuries, opposed by the State Industrial Accident Commission. Compensation for temporary disability was awarded in the sum of $350, further compensation was denied, and on claimant's appeal to the circuit court he obtained judgment on a verdict, and the Commission appeals. Reversed.

See also, 167 P. 310.

O Enneberg was injured on March 9, 1915, while working for an employer who was subject to the Workmen's Compensation Act (chapter 112, Laws 1913). Enneberg filed a claim for compensation with the State Industrial Accident Commission on June 14, 1915. An award of $50 for temporary total disability was made each month by the commission for a period of seven months. The first monthly award was made on April 14, 1915 and the last on October 14, 1915. A blank form, labeled "Final Settlement Voucher" was sent to the plaintiff by the commission. Apparently Enneberg returned the blank form without signing it, for under date of November 6 1915, the commission addressed a letter to him saying:

"We are again returning to you our final settlement voucher showing the balance of $50 due you. There is nothing in our findings that would show that you are entitled to any further payments; therefore, if you sign the inclosed voucher and return to us we will be glad to forward to you a warrant for $50, as final settlement, as soon as possible."

The voucher was signed by Enneberg and returned to the commission, but the latter, under date of November 16, 1915 again sent the instrument to Enneberg so that it could be signed by witnesses. The voucher was signed by two witnesses and finally filed with the commission. The final settlement voucher, as signed, witnessed, and filed, reads as follows:

"Final Settlement Voucher.

"October 18, 1915.

"State of Oregon. To O. Enneberg, Dr. (Post Office Address) Buxton, Oregon. Claim No. 4286. Class A. Firm No. 277.

"Award. Computed on basis of time lost. Seven months working days, being compensation under chapter 112, Laws 1913, as amended by chapter 271, Laws 1915, in full settlement of claim, of above claimant for injury occurring on the 9th day of March, 1915, at Buxton, Oregon, as allowed and approved by the findings and order of the State Industrial Accident Commission on record in the commission's office, $350.00.

"State of Oregon, County of ......--ss.:

".........., 191...

"For and in consideration of the sum of $300.00, heretofore paid to me, and the further sum of $50.00, receipt of which is hereby acknowledged, I, O. Enneberg, the undersigned, do hereby release and discharge the state of Oregon from any and all further liabilities or obligations for or on account of that certain personal injury by accident arising out of and in the course of my employment, received by me, and heretofore fully reported and described to the State Industrial Accident Commission in my claim for compensation, made in accordance with the provisions of chapter 112, Laws 1913, and chapter 271, Laws 1915.

"[Sign here] O. Enneberg.

"(Write name clearly. Claimants unable to write must make X mark.)

"Witnesses to signature: Minnie Enneberg, Post Office Address, Veronia. Arthur Krum, Post Office Address, Veronia.

"To secure prompt payment of this claim, sign the above blank and forward immediately to the State Industrial Accident Commission, Salem, Oregon.

"This must be signed before warrant for the amount can be drawn."

Under date of October 5, 1916, Milo C. King, as attorney for Enneberg, wrote to the commission, and on October 11, 1916 the latter addressed a letter to Mr. King saying that Enneberg "was settled with in full and final voucher received. Under the law his right of appeal has expired, and we feel that no injustice can be done by refusing further payment in this case." On November 13, 1916, Milo C. King, as attorney for Enneberg, filed a notice of appeal, dated October 31, 1916, with the county clerk of Columbia county, stating that the plaintiff appeals to the circuit court "from the decision rendered by the State Industrial Accident Commission on the 11th day of October, 1916, in favor of the defendant in said matter and against said...