Millers' Indemnity Underwriters v. Huffaker

• Decision Date: 18 May 1922
• Docket Number: (No. 2580.)
• Citation: 241 S.W. 732
• Parties: MILLERS' INDEMNITY UNDERWRITERS v. HUFFAKER et al.
• Court: Texas Court of Appeals

241 S.W. 732

MILLERS' INDEMNITY UNDERWRITERS v.HUFFAKER et al.

(No. 2580.)

Court of Civil Appeals of Texas. Texarkana.

May 18, 1922.

Appeal from District Court, Hunt County; A. P. Dohoney, Judge.

Proceedings by J. L. Huffaker and others for an award under the Workmen's Compensation Law opposed by the Farmers' Union Gin Company, employer, and the Millers' Indemnity Underwriters, insurer.From an order of the trial court affirming an award of the Industrial Accident Board, but directing that it be paid in weekly payments instead of a lump sum, the insurer appeals, and claimant files cross-appeal.Modified and affirmed.

The suit was brought by appellant to set aside an award of the Industrial Accident Board.It was tried before the court as an agreed case under the statute.The Industrial Accident Board on April 14, 1921, made and entered an award to J. L. Huffaker, an injured employee of the Farmers' Union Gin Company, holding that the injuries constituted the loss of a hand, and allowing compensation therefor for a period of 150 weeks at $15 per week and ordering it paid in a lump sum.The trial court held the injuries constituted the loss of a hand, and allowed the same compensation therefor that the Board did, but directed it paid in weekly payments instead of in a lump sum settlement.

On November 18, 1920, J. L. Huffaker, an employee of the gin company, while engaged in the course of his employment, suffered an injury by accident to his left hand.He was trying to put a key in cogs when his left hand was caught between them and so mashed as to require amputation in the manner following, as agreed:

"The result of the amputation is as follows: A line drawn across the left hand from the knuckle joint of the index finger to the point where the metacarpal bone (bone of palm, of the little finger joins the wrist would represent the portion of the hand injured.The thumb was not injured.Aside from the above, the defendant received no other injuries."

The defendant was entitled to compensation at the rate of $15 per week, his wages being more than $25 per week, for such period as the law provides for the injury received.The gin company carried a policy of insurance under the provisions of the Employers' Liability Act(Vernon'sAnn. Civ. St. Supp. 1918, arts. 5246 — 1 to 5246 — 91), with appellant as insurer.Immediately after the injury the injured employee and the insurance company agreed in writing that such injured employee was entitled to compensation at the rate of $15 per week for the period of 141 weeks.This written agreement, signed by the parties, was filed with the Industrial Accident Board, and the payment of compensation was begun thereunder on November 26, 1920, and faithfully continued.All medical and hospital bills were paid by the insurance company.The Industrial Accident Board, it appears here, acting on its own motion, set the case for a hearing on April 14, 1921, making the award as above stated.Further:

"It is agreed," qu...