Johnson v. Pillsbury Flour Mills Co.
| Citation | 281 N.W. 290,203 Minn. 347 |
| Decision Date | 02 September 1938 |
| Docket Number | 31616. |
| Parties | JOHNSON v. PILLSBURY FLOUR MILLS CO. |
| Court | Minnesota Supreme Court |
Proceeding under the Workmen's Compensation Act, Mason's St.1927, § 4261 et seq., by Jennie Johnson, widow and sole dependent of Alfred Johnson, deceased, for the death of her husband, opposed by the Pillsbury Flour Mills Company, by change of name now the Minnesota Pillsbury Flour Mills Company, employer. To review an order of the Industrial Commission overruling a demurrer to the claim petition, the employer brings certiorari.
Writ discharged.
Syllabus by the Court .
Proceeding by dependent of deceased employee, who had begun proceedings and received compensation, before the industrial commission for the purpose of securing benefits under the compensation act, is merely a reopening or continuation of the proceedings commenced by the employee and is not barred by the statute of limitations. The right asserted by the dependent is distinct however, from that asserted by the employee and a full adjudication of the latter's rights is no bar to the assertion of the dependent's right after the employee's death.
Snyder, Gale & Richards, of Minneapolis, for relator.
F. E Clark and Arthur A. Logefeil, both of Minneapolis, for respondent.
Certiorari to review an order of the industrial commission overruling a demurrer to respondent's claim petition for benefits under the workmen's compensation act, Mason's St.1927, § 4261 et seq., as widow and sole dependent of one Alfred Johnson.
In the course of his employment by relator Johnson was accidentally injured on July 25, 1926. Upon the termination of voluntary payments by relator Johnson instituted proceedings to recover additional benefits. The referee found him to be permanently partially disabled and awarded compensation for 300 weeks. In 1928 the parties agreed to a lump sum settlement of $2,000 which was approved by the commission as constituting full payment for injuries arising out of the accident. Decedent's later unsuccessful efforts to reopen the case and to secure additional benefits are reviewed in Johnson v. Pillsbury Flour Mills Co., 187 Minn. 362, 245 N.W. 619.
The petition with which we are now concerned apparently commences a new proceeding in the name of decedent's widow. It alleges that Johnson died on January 19, 1936, from the effects of the injury of July 25, 1926. Relator, after withdrawing its answer to the petition, interposed a demurrer for the reason that the ‘ action or proceeding by said dependent to determine and recover compensation was brought more than nine years after the date of the accident.’ The referee overruled the demurrer and on appeal to the commission his action was affirmed.
One question presented is whether a dependent's right to benefits is...
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