Richardson v. National Refining Co.
Decision Date | 28 January 1933 |
Docket Number | 30831. |
Citation | 18 P.2d 131,136 Kan. 724 |
Parties | RICHARDSON v. NATIONAL REFINING CO. et al. [*] |
Court | Kansas Supreme Court |
Syllabus by the Court.
Instrument which advises employer that injured employee is looking to employer for compensation constitutes sufficient claim; no particular form being required (Rev. St. Supp. 1931 44--520a).
In determining whether instrument constitutes written claim for compensation, court will consider circumstances surrounding parties (Rev. St. Supp. 1931, 44--520a).
Instrument served by employee on employer narrating facts of employee's injury held to constitute "written claim for compensation" within statute (Rev. St. Supp. 1931 44--520a).
Furnishing of medical aid to injured employee constituted "payment of compensation" within statute; hence claim filed within 90 days after last furnishing of medical aid was within time (Rev. St. Supp. 1931, 44--520a).
1. On the question of whether a particular writing constitutes a written claim for compensation under the provisions of R.S.Supp. 1931, 44--520a, this court will consider the circumstances and conditions surrounding the parties with a view to determining their intention, and arriving at a reasonable interpretation of the writing.
2. In order to constitute a written claim under the provisions of R.S.Supp. 1931, 44--520a, no particular form is required and it is sufficient if it advises the employer that the injured employee is looking to it for compensation.
3. The furnishing of medical aid to an injured employee constitutes the payment of compensation within the meaning of R.S.Supp 1931, 44--520a, and a written claim for compensation filed within ninety days of the last furnishing of medical aid is filed in time.
Appeal from District Court, Montgomery County; J. W. Holdren, Judge.
Proceedings under the Workmen's Compensation Act by George E Richardson, claimant, against the National Refining Company, employer, and the Columbia Casualty Company, insurer. Judgment for the claimant, and the employer and insurer appeal.
Irwin Snattinger, Hugh T. Fisher, and E. B. Smith, all of Topeka, Carl E. Ziegler, of Coffeyville, and E. R. Adams, of Kansas City, for appellants.
Charles D. Ise, of Coffeyville, for appellee.
This was an action for workmen's compensation. Judgment was for the claimant. Respondent appeals.
Appellee was injured on May 17 by splashing some oil in his eye. He was treated by a doctor recommended by the insurance company. At the time of the hearing before the examiner a medical expert testified that the loss of vision in his eye was 99.9 percent. While appellant argues some points with reference to the amount of compensation allowed, the question which is relied on for a reversal is that no written claim was filed within ninety days of the injury, as required by R.S.Supp. 1931, 44--520a.
This court can only examine the case in the light of the facts as they were found by the trial court. The trial court decided the case upon the record that was made before the examiner for the workmen's compensation commission. The examiner made the following findings:
The statement referred to by the examiner was as follows:
To continue reading
Request your trial-
Ellis v. Kroger Grocery & Baking Co.
... ... F. H. Richart, ... "Attorney-at-law, ... "Joplin ... National Bank Building, ... "Joplin, ... "In ... re: Wesley John Ellis vs. Kroger ... Kansas City Bridge Co., 144 Kan. 139, 58 ... P.2d 90; Baker v. St. Louis Smelting & Refining Co., ... 145 Kan. 273, 65 P.2d 284, 109 A.L.R. 591. The question here, ... however, is whether ... contention that the demand was insufficient it cites ... Richardson v. National Refining Co., 136 Kan. 724, ... 18 P.2d 131; Baxter v. Chicago, R. I. & P. R. Co., ... ...
-
McCullough v. Southwestern Bell Tel. Co.
... ... of the compensation due the employee. Richardson v ... National Refining Co., 136 Kan. 724, 727, 18 P.2d 131; ... Taylor v. Missouri Pac. R. Co., ... ...
-
Gugler v. Industrial Acc. Fund
... ... Imbs Mill. Co. v. Industrial Commission, 1927, 324 Ill ... 416, 155 N.E. 380; Richardson v. National Ref. Co., ... 1933, 136 Kan. 724, 18 P.2d 131; Ketchell v. Wilson & Co., 1933, 138 ... ...
-
Riccioni v. American Cyanamid Co.
...and that the furnishing of or payment for medical attention is tantamount to payment of compensation (Richardson v. National Refining Co., 136 Kan. 724, 18 P.2d 131 (Sup.Ct.1933)). In the case of Graham v. Pomeroy & Graham, 143 Kan. 974, 57 P.2d 19 (Sup.Ct.1936) it was said: 'When the time ......