Kilgour v. Remington-Rand, Inc., 43.

• Decision Date: 07 January 1931
• Docket Number: No. 43.,43.
• Citation: 252 Mich. 657,234 N.W. 131
• Parties: KILGOUR v. REMINGTON-RAND, Inc., et al.
• Court: Michigan Supreme Court

252 Mich. 657

234 N.W. 131

KILGOUR

v.REMINGTON-RAND, Inc., et al.

No. 43.

Supreme Court of Michigan.

Jan. 7, 1931.

Writ of Certiorari to Department of Labor and Industry.

Proceedings by Emery G. Kilgour, employee, under the Workmen's Compensation Act, against Remington-Rand, Inc., employer, and the Michigan Mutual Liability Company, insurer, for further compensation after order of deputy commissioner granting employer's petition to stop payments. To review an order of the Department of Labor and Industry denying an award, the employee brings certiorari.

Affirmed.

Argued before the Entire Bench.

Wm. J. Howard, of Kalamazoo, for appellant.

L. J. Carey, of Detroit (Geo. J. Cooper, of Detroit, of counsel), for appellees.

NORTH, J.

Plaintiff, while in defendant's employ operating a punch press, received an injury to his right hand which resulted in the amputation of the distal phalanges of the second and third fingers of his right hand, a laceration of the index finger and little finger, and loss of the tip of the little finger. A settlement agreement was entered into awarding the plaintiff $14.40 during a disability period of twenty-five weeks. This was the statutory compensation for plaintiff's injury to his second and third fingers. Section 5440, Comp. Laws 1915, as amended by Act No. 63, Pub. Acts of 1927. When the final payment on this award was tendered to plaintiff, he refused to sign a settlement receipt. Thereupon the defendant filed a petition to stop. Upon the hearing of this petition, the deputy's finding and order in part was as follows: ‘Plaintiff has received all the compensation he is entitled to for loss of 2nd and 3rd fingers at first joint. From May 10, 1929, up to and including October 31, 1929, a period of twenty-five weeks. The Deputy Commissioner finds in view of the above facts petition to stop compensation as of October 31, 1929 should be and the same is hereby granted.'

No appeal was taken from this order. However, about five days later plaintiff filed the petition now before us in which he seeks further compensation. On the hearing before a deputy commissioner an award for partial disability was made. On review before the full board, the deputy's award was reversed and plaintiff denied relief. The final determination of the Department of Labor and Industry is based upon the fact that plaintiff took no appeal from the order of the deputy commissioner granting the employer's petition to stop payment and the further fact that this record contains neither an allegation nor testimony tending to prove that plaintiff's condition was worse at the time he filed his present petition for further compensation than on the day when the deputy entered the order to stop. The board was right in holding that, since no appeal was taken from...