Pedlow v. Swartz Electric Company
| Decision Date | 01 November 1918 |
| Docket Number | 10,306 |
| Parties | PEDLOW v. SWARTZ ELECTRIC COMPANY |
| Court | Indiana Appellate Court |
From the Industrial Board of Indiana.
Proceedings for compensation under the Workmen's Compensation Act by James L. Pedlow against the Swartz Electric Company. From the award rendered, the applicant appeals.
Affirmed.
J. L Steinmetz, for appellant.
Elmer E. Stevenson, for appellee.
This is an appeal from an award of the full Industrial Board of Indiana. Appellant has assigned as error that: (1) The award is contrary to law; (2) that the full board erred in awarding appellant two weeks' compensation.
Appellant in his brief, states that: "The action was an application by appellant, against appellee, for a review of an award of the Industrial Board of Indiana on account of a change in condition; that the disability of appellant, on account of said injury, had increased since the date of said award, and that the previous award be increased."
On January 16, 1918, the date of the hearing before Samuel R Artman, one of the members of the Industrial Board, appellant filed what he denominated "an application for the review of an award on account of a change in condition," in which he alleges that appellant's disability on account of his original injury "has recurred since the date of said award"; that the same "has increased since the date of said award." Appellant was awarded two weeks' compensation at the rate of $ 13.20 per week, to be paid in a lump sum.
He thereupon applied for a review of such award, and, after a hearing by the full board, it made a finding and award which, omitting uncontroverted details, is in substance as follows: Appellant was employed by appellee at $ 24 per week, and while so employed received an injury to the middle finger of his right hand, which became infected, and by reason of which he was totally disabled for the period of four and three-sevenths weeks from May 1, 1917. "That on the 14th day of June 1917 the plaintiff and defendant entered into a compensation agreement whereby it was agreed that the plaintiff's injury was occasioned by an accident arising out of and in the course of his employment; that the defendant should pay to the plaintiff and the plaintiff should accept, compensation at the rate of $ 13.20 per week, beginning May 15, 1917, together with the costs of the proper medical and hospital attention occasioned by his injury, for the first thirty days thereafter; that the compensation payments should continue at said rate so long as the plaintiff was totally disabled for work on account of said injury; that said agreement was filed with the Industrial Board of Indiana on June 19, 1917, and was approved by said board on June 20, 1917; that on the 2nd day of August, 1917, the plaintiff and defendant entered into a supplemental compensation agreement whereby it was agreed that the permanent partial impairment of the plaintiff's middle finger was twenty-five per cent.; that there had been paid to the plaintiff under the previous compensation agreement, two and three-sevenths weeks' compensation amounting to $ 30.17; that there was due and unpaid to the plaintiff, on account of the permanent partial impairment of the middle finger, compensation for five weeks, one and one-half days additional, amounting to $ 68.83, and making a total compensation of seven and one-half weeks amounting to $ 99.00; that said agreement was to be filed with the Industrial Board of Indiana as a supplemental final agreement; that said supplemental and final agreement was filed with the Industrial Board of Indiana on August 4, 1917, and was approved by the board on August 6, 1917; that pursuant to said agreement the defendant paid to the plaintiff the additional $ 68.83 and took his receipt therefor, in which it was stipulated 'It is hereby understood and agreed that there is a twenty-five per cent. permanent partial impairment of the middle finger of the plaintiff's right hand,' which receipt was filed with the Industrial Board of Indiana on the 4th of August, 1917; that the plaintiff, as a result of his accident of April 27, 1917, received no injury except to the middle finger of his right hand; that the infection thereof did not extend to any other portion of the plaintiff's body than the middle finger of the right hand and did not cause any permanent partial impairment to any other member of the plaintiff's body; that in the early part of September, 1917, the plaintiff's middle finger became inflamed by reason of a recurrence of the infection thereof; that the plaintiff immediately notified the defendant who sent him to an attending physician, who treated said finger, and as a result of that treatment it healed within the course of three or four days; that as a result of the return of said infection the...
To continue reading
Request your trial