In re Hogan
| Decision Date | 04 February 1921 |
| Docket Number | No. 11029.,11029. |
| Citation | 75 Ind.App. 53,129 N.E. 633 |
| Parties | In re HOGAN. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Proceeding by Charles L. Hogan under the Workmen's Compensation Act to obtain compensation for personal injuries, opposed by Nordyke & Marmon Company, the employer. Certified question of law from the Industrial Board. Answered in favor of the employer.
The Industrial Board has certified the following statement of facts to this court:
On the 19th day of December, 1918, one Charles L. Hogan was in the employment of the Nordyke & Marmon Company in the city of Indianapolis, Ind., at an average weekly wage of $27.50; that on said date the said Charles L. Hogan received a personal injury by an accident arising out of and in the course of his employment by the said Nordyke & 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 the 7th day of April, 1919; that afterwards the said Charles L. Hogan and Nordyke & Marmon Company entered into a compensation agreement, whereby the said Nordyke & Marmon Company agreed to pay to the said Charles L. Hogan compensation at the rate of $13.20 per week, beginning on the 27th day of December, 1918, and to continue as long as the 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 said Nordyke & Marmon Company paid to the said Charles L. Hogan compensation at the rate of $13.20 per week, beginning on the 27th day of December, 1918, and continuing until and including the 7th day of April, 1919; that the total disability of the said Charles L. Hogan to work, resulting from his said injury, ceased on the 7th day of April, 1919; that his said injury resulted in a permanent, partial impairment, as a result of which he lost permanently 25 per cent. of the use of his left hand or of the left arm below the elbow; that the compensation agreement between the said Charles L. Hogan and the said Nordyke & Marmon Company made no provision for compensation on account of any permanent, partial impairment; that on the 10th day of December, 1920, the 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 25 per cent. of the use of the left hand of the said Charles L. Hogan, but it denies he is entitled to an award of compensation therefore 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 the 7th day of April, 1919.
Second. That by virtue of amended section 45 of the Indiana Workmen's Compensation Act (Acts 1919, p. 167) 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 section 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 section...
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