Lewis v. Marhoefer Packing Co.
| Decision Date | 24 March 1969 |
| Docket Number | No. 1,No. 867,867,1 |
| Parties | Joe E. LEWIS, Appellant, v. MARHOEFER PACKING COMPANY, Appellee. A 47 |
| Court | Indiana Appellate Court |
Archie Lapin, Muncie, for appellant, Donald H. Dunnuck, Muncie, of counsel.
Kightlinger, Young, Gray & Hudson, Indianapolis, for appellee.
This is an appeal from an award of the Industrial Board of the State of Indiana, denying appellant compensation for an eye injury which appellant claims resulted in industrial blindness as the result of an accident growing out of and in the course of his employment, and denying compensation covering one hundred and fifty (150) weeks on the basis of permanent partial impairment.
The record shows that plaintiff filed a Form 9 on January 29, 1965, for an injury which occurred on August 11, 1961. Following the injury, he received first aid on August 12, 1961; was sent to a doctor in Muncie, Indiana, several days later; was off work for three weeks for which he received compensation; and, was subsequently sent to a specialist in Indianapolis, Indiana, on October 31, 1961. The Industrial Board approved a compensation agreement.
The case was first heard by a hearing member on September 21, 1965, and on January 12, 1966, the hearing member found:
'That on the 10th day of August, 1961, the plaintiff was in the employ of the defendant at an average weekly wage in excess of $65.00; that on said date he sustained personal injuries by reason of an accident arising out of and in the course of his employment with the defendant, of which said accidental injury the defendant had knowledge and did pay for the statutory medical attention and supplies; that the said accidental injury consisted of an irritation of the left eye;
'That thereafter, on October 13, 1961, the Industrial Board of Indiana approved a compensation agreement entered into by said parties; that pursuant to the said compensation agreement the defendant paid plaintiff compensation at the rate of $39.00 per week for twenty-nine (29) days in the total sum of One Hundred Sixty-One Dolars and Fifty-Seven Cents ($161.57).
'It is further found that the plaintiff's temporary total disability on account of the said accident injury of August the 10th, 1961, terminated on September 11, 1961.
'It is further found that the plaintiff's condition has now reached a permanent and quiescent state and that as a result of the said accidental injury of August 10, 1961, he has sustained no permanent partial impairment;
'That prior to the filing of plaintiff's application a good faith effort was made by said parties to adjust said claim, which effort resulted in a disagreement between the parties.
'Said hearing member now finds for the defendant and against the plaintiff on plaintiff's Form 9 application for the adjustment of claim for compensation, filed on January 29, 1965.'
The plaintiff filed application for review on Form 16 which was heard by the Full Board on July 5, 1967, and an award made on July 13th.
The pertinent part of the award of the full Board, reads as follows:
'That on the 10th day of August, 1961, the plaintiff was in the employ of the defendant at an average weekly wage in excess of $65.00; that on said date he sustained personal injuries by reason of an accident arising out of and in the course of his employment with the defendant, of which said accidental injury the defendant had knowledge and did pay for the statutory medical attention and supplies; that the said accidental injury consisted of an irritation of the left eye;
'That thereafter, on October 13, 1961, the Industrial Board of Indiana approved a compensation agreement entered into by said parties; that pursuant to the said compensation agreement the defendant paid plaintiff compensation at the rate of $39.00 per week for twenty-nine (29) days in the total sum of One Hundred Sixty-One Dollars and Fifty-Seven Cents ($161.57).
'It is further found that the plaintiff's temporary total disability on account of the said accidental injury of August the 10th, 1961, terminated on September 11, 1961;
'That plainti...
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