Puryear v. National Dairy Products Corporation

• Decision Date: 05 October 1932
• Docket Number: 14,680
• Parties: PURYEAR v. NATIONAL DAIRY PRODUCTS CORPORATION ET AL
• Court: Indiana Appellate Court

182 N.E. 545

95 Ind.App. 77

PURYEAR v. NATIONAL DAIRY PRODUCTS CORPORATION ET AL

No. 14,680

Court of Appeals of Indiana

October 5, 1932

From the Industrial Board of Indiana.

Proceeding under the Workmen's Compensation Act by Grover Puryear claimant, opposed by the National Dairy Products Corporation employer, and others. From an adverse award of the full Industrial Board, claimant appealed.

Affirmed.

Alfred K. Berman, for appellant.

Burke G. Slaymaker, Clarence F. Merrell, Theodore L. Locke, and L A. Shaner, for appellees.

OPINION

CURTIS, J.

This is an appeal from an award of the full Industrial Board of Indiana.

From a stipulation entered into before the board it appears that on the 23rd day of May, 1931, the appellant received an injury to his left foot arising out of and in the course of his employment by the appellee, National Dairy Products Corporation; that thereafter on June 6, 1931, the parties executed the Industrial Board's Form 12, known as "Agreement Between Employer and Employee as to Compensation," which was filed and approved by the Industrial Board on June 10, 1931; that thereafter on three successive occasions, to-wit: on June 12th, June 23rd, and August 6, 1931, the appellant signed receipts in final settlement of compensation, in the last of which, he stated that he had had a total disability of 32 1/2 days and that his disability ceased on the 7th day of July, 1931, and that he had received the total sum of $ 60.11 in compensation; that afterward a disagreement arose as to further compensation and that a good faith effort had been made to adjust the matters in dispute which resulted in a disagreement; and that on December 10, 1931, the appellant filed with the board his application to review the said agreement entered into by the parties on June 6, 1931, on account of a change in conditions, alleging therein that the disability of the appellant had increased since the date of said award and that said injury had resulted in a permanent partial impairment. To this application of appellant a general denial was deemed filed by the appellee under Rule 10 of the board.

Upon the issues thus formed the matter was submitted to a single member of the board, which resulted in a finding against the appellant. Thereafter the appellant filed his application for a review by the full board, and on April 29, 1932, the said board made a finding and award against the appellant, and this appeal was then prayed and perfected.

The error sought to be presented is that the award of the full board is contrary to law. This assignment is a sufficient assignment of error to present both the question of the sufficiency of the facts found to sustain the award and the sufficiency of the evidence to sustain the finding of facts. See Section 61, Indiana Workmen's Compensation Act, Acts 1929, ch. 172, pp. 536, 559.

The appellee has presented and urged a motion to dismiss this appeal upon the ground of alleged defects in briefing and as to the assignment of error. We have concluded, however, to overrule this motion, which is now done, and to pass upon the merits of the appeal.

The full board, among other things, found: "That the disability of said employee on account of the injury received while in the employ of the defendant on the 23rd day of May 1931, has not increased since the date of said last award; neither has said injury resulted in permanent partial impairment and the finding should be, and is for the...