Levy v. Indus. Comm'n

Decision Date07 May 1940
Citation291 N.W. 807,234 Wis. 670
PartiesLEVY v. INDUSTRIAL COMMISSION et al.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from a judgment of the Circuit Court for Dane County; Alvin C. Reis, Judge.

Affirmed.

Action commenced May 26, 1939, by the plaintiff, Gertrude Levy, as guardian of the person and estate of Harold Lentzke, an incompetent, and as guardian ad litem, against the defendants, The Journal Company, Employers Mutual Liability Insurance Company, its insurance carrier, and Industrial Commission, to review an order of the Commission as a body which affirmed an order of one of its examiners. The order followed a hearing pursuant to notice on motion of the Commission. The hearing was had particularly for the purpose of considering “the question of liability for further medical, surgical and hospital treatment.”

The examiner found and concluded:

“That because of his injury the applicant is in need of hospital treatment and he has been confined in several institutions since his injury of February 8, 1938; that at the present time and for some time in the past the applicant has been confined in the Rogers Memorial Sanitarium at Oconomowoc, Wis. at a cost of $40 a week; that sufficient and proper treatment may be given in the Milwaukee County Institutions at a cost of $10.50 per week but for personal reasons the applicant has neglected and refused to enter said county institution; that on January 9, 1939 the insurance carrier notified the applicant, through his guardian, and also the Rogers Memorial Sanitarium, that it would no longer be responsible for treatment at that institution.

“From these facts the examiner concludes that the sum of $10.50 per week constitutes a reasonable expense for hospital treatment and that the same may be procured at the Milwaukee County Institutions.” and ordered: “That following January 9, 1939 the respondent, The Milwaukee Journal, and its insurance carrier, Employers Mutual Liability Insurance Company, are not obliged to pay more than $10.50 per week for hospital treatment and that said insurance carrier is entitled to credit for any sums paid in excess of said amount for hospital treatment since said date.”

The plaintiff alleged that the Industrial Commission acted without and in excess of its powers in making the following findings:

“That sufficient and proper treatment may be given in the Milwaukee County Institutions at a cost of $10.50 per week but for personal reasons the applicant has neglected and refused to enter said county institution,”

“From these facts the examiner concludes that the sum of $10.50 per week constitutes a reasonable expense for hospital treatment and that the same may be procured at the Milwaukee County Institutions,” because such findings were not supported by the evidence and are contrary to law. The defendants, Industrial Commission and The Journal Company, answered and denied that the Commission had acted without or in excess of its powers. The circuit court confirmed the order of the Commission. From a judgment, entered December 20, 1939, the plaintiff appealed.Charles Swidler and Jacob S. Rothstein, both of Milwaukee, for appellant.

John E. Martin, Atty. Gen., Mortimer Levitan, Asst. Atty. Gen., and Quarles, Spence & Quarles, of Milwaukee (Kenneth P. Grubb and Edward H. Borgelt, both of Milwaukee, of counsel), for respondents.

NELSON, Justice.

Before considering the contentions of the plaintiff, it may be stated that on February 8, 1936, Harold Lentzke, who was then not incompetent, was severely injured under circumstances which entitled him to medical, surgical and hospital treatment and to compensation. He recovered from all of the injuries sustained by him except those resulting from a brain concussion. Following his injury, he was furnished extended treatment in two hospitals, four sanitoriums and at the Mayo Clinic, for the purpose of curing and relieving him from the effects of his injury. He was also paid compensation. An action which had been commenced against a third party was settled for $30,000. Following that settlement, the parties to this controversy entered into a written compromise agreement in which the relevant facts were stipulated. Upon that agreement the Commission ordered The Journal Company, and its insurer, to pay to the guardian of the applicant, within ten days, the sum of $383.11, and monthly thereafter, the sum of $91 until the further sum of $17,766 shall have been so paid, and the Commission further ordered the said companies to “supply to the applicant such medical, surgical and hospital treatment, medicines, medical and surgical supplies, etc., as may be reasonably required to cure and relieve from the effects of the injury not to exceed the period for which indemnity is payable.” In reciting the stipulated facts, it was stated “that additional medical, surgical and hospital treatment will be necessary for an indefinite period.” That recited finding was objected to by the respondents because not justified by the stipulation. The Commission thereupon amended its order on January 5, 1939. The objectionable recitation was deleted by an order dated January 23, 1939, and the order...

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4 cases
  • Lisney v. Labor and Indus. Review Com'n
    • United States
    • Wisconsin Supreme Court
    • October 6, 1992
    ...to be liable for the reasonable expense incurred by or on behalf of the employe in providing the same."In Levy v. Industrial Comm'n, 234 Wis. 670, 676, 291 N.W. 807 (1940), the court interpreted sec. 102.42(1), Stats.1935, which is substantially the same as sec. 102.09(1)(a), Stats.1929, as......
  • American Motors Corp. v. Industrial Commission
    • United States
    • Wisconsin Supreme Court
    • January 5, 1965
    ...not restrict the reservation of jurisdiction, and jurisdiction is therefore reserved upon all issues; * * *.'10 Levy v. Industrial Comm. (1940), 234 Wis. 670, 291 N.W. 807.11 102.18 '(1) After final hearing the commission shall make and file its findings upon all the facts involved in the c......
  • GTC Auto Parts v. Labor and Industry Review Com'n
    • United States
    • Wisconsin Supreme Court
    • June 7, 1994
    ...to pay disability benefits to an injured employee. LIRC "has only such authority as is granted by statute." Levy v. Industrial Comm., 234 Wis. 670, 675, 291 N.W. 807 (1940). LIRC derives its authority to order the payment of temporary disability benefits from sec. 102.43, Stats., 5 and perm......
  • Tully v. Prudential Ins. Co. of Am.
    • United States
    • Wisconsin Supreme Court
    • May 7, 1940

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