In re Hogan
| Decision Date | 04 February 1921 |
| Docket Number | 11,029 |
| Parties | IN RE HOGAN |
| Court | Indiana Appellate Court |
From the Industrial Board of Indiana.
Certified question of law.
Proceedings under the Workmen's Compensation Act in the matter of one Charles L. Hogan. Certified question of law by the Industrial Board.
Question answered.
The Industrial Board has certified the following statement of facts to this court: On December 19, 1918, one Charles L Hogan was in the employment of the Nordyke and Marmon Company in the city of Indianapolis, Indiana, at an average weekly wage of $ 27.50; that on said date said Charles L. Hogan received a personal injury by an accident arising out of and in the course of his employment by the Nordyke and Marmon Company; that the employer had actual knowledge of said accidental injury at the time that it occurred; that as a direct result of his injury the plaintiff was wholly disabled for work continuously from the date thereof until and including April 7, 1919; that afterwards said Charles L. Hogan and Nordyke and Marmon Company entered into a compensation agreement, whereby the Nordyke and Marmon Company agreed to pay to said Charles L. Hogan compensation at the rate of $ 13.20 per week beginning on December 27 1918, and to continue as long as said Charles L. Hogan would be totally disabled, not to exceed 500 weeks; that said agreement was approved by the Industrial Board of Indiana on February 4, 1919; that under said agreement the Nordyke and Marmon Company paid to said Charles L. Hogan compensation at the rate of $ 13.20 per week, beginning on December 27, 1918, and continuing until and including April 7, 1919; that the total disability of said Charles L. Hogan to work, resulting from his said injury, ceased on April 7, 1919; that his injury resulted in a permanent, partial impairment, as a result of which he lost permanently twenty-five per cent. of the use of his left hand or of the left arm below the elbow; that the compensation agreement between said Charles L. Hogan and the Nordyke and Marmon Company made no provision for compensation on account of any permanent, partial impairment; that on December 10, 1920, said Charles L. Hogan filed his claim with the Industrial Board of Indiana, asking for an award of compensation on account of said permanent, partial impairment of his left hand.
The employer admits that the injury resulted in the permanent loss of twenty-five per cent. of the use of the left hand of said Charles L. Hogan, but it denies that he is entitled to an award of compensation therefor on the ground that his claim is barred by the statute of limitations.
The position of the employer is as follows with respect to said question: First. That the period of compensation, fixed by said agreement, was the period of his total disability, which terminated on April 7, 1919. Second. That by virtue of amended § 45 of the Indiana Workmen's Compensation Act (Acts 1919 p. 158) the plaintiff's application for additional compensation on account of the permanent, partial impairment of his left hand, should have been filed within one year from April 7, 1919, or at least within one year from May 15, 1919, the date upon which amended § 45 went into force.
The position of the plaintiff with reference to said question is as follows: First. That the compensation period fixed by the compensation agreement hereinbefore referred to was 500 weeks. Second. That the amendment of said § 45 has no application to injuries which occurred prior to May 15, 1919. Third. As the compensation agreement made no provision for compensation on account of any permanent, partial impairment resulting from his injury, the agreement was incomplete, and the plaintiff may at any...
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