Graver Tank & Mfg. Corp. v. Noble, 14878.
Decision Date | 05 July 1933 |
Docket Number | No. 14878.,14878. |
Citation | 97 Ind.App. 307,186 N.E. 390 |
Court | Indiana Appellate Court |
Parties | GRAVER TANK & MANUFACTURING CORPORATION v. NOBLE. |
OPINION TEXT STARTS HERE
Appeal from Industrial Board.
Proceedings under the Workmen's Compensation Act by Catherine Noble, opposed by the Graver Tank & Manufacturing Corporation, for adjustment of claim for compensation as dependent of Steve Noble, deceased employee. From an award in claimant's favor, employer appeals.
Affirmed.
McAleer, Dorsey, Clark & Travis, of Hammond, for appellant.
Frank E. Keenan, of East Chicago, for appellee.
Appellee's decedent, while in the employ of appellant, sustained personal injuries arising out of and in the course of his employment. An agreement as to payment of compensation was entered into and approved by the Industrial Board of Indiana. Payments of a certain sum were made by appellant under the terms of said agreement, and were discontinued upon the filing of its application with the Industrial Board for review of award on account of change in conditions. Before a hearing was had upon such application, appellee's decedent died. In the meantime the decedent had filed a claim for the adjustment of his compensation which had been dismissed upon motion of the appellant. After the death of the decedent, the appellee filed her application for adjustment of claim for compensation as a dependent, alleging therein that Steve Noble, through whom she claimed compensation, died on June 16, 1932, as a proximate result of personal injuries received by him on January 6, 1932, alleging that she and her daughter, Marie Noble, were wholly dependent, and praying an award of compensation at the rate of $9.90 for 281 weeks. An answer of general denial, under rule 10 of the board, was deemed filed to the appellee's claim. The matter was submitted to a single member of the board who made an award in favor of the appellee. The appellant then filed its application for a review by the full board, who likewise entered an award in appellee's favor. It is from this latter award that this appeal was taken.
The error assigned is that the award of the full board is contrary to law.
Omitting certain formal parts, the salient portions of the finding and award of the full board are as follows:
“That one Steve Noble was in the employ of the Graver Tank and Manufacturing Company on the 6th day of January, 1932, at an average weekly wage of $18.00, on which date he met with an injury by reason of an accident arising out of and in the course of his employment, of which the defendant had knowledge and furnished medical attention.
“That thereafter, on July 11th, Catherine Noble, widow of Steve Noble, filed with the Industrial Board of Indiana her Form No. 10, application of dependents of deceased employee for the adjustment of claim for compensation for herself as widow, and Marie Noble, a daughter, aged seventeen.
“It appearing that pla...
To continue reading
Request your trial