Souden v. Rine Drilling Co.

• Decision Date: 08 July 1939
• Docket Number: 34302.
• Citation: 150 Kan. 239,92 P.2d 74
• Parties: SOUDEN v. RINE DRILLING CO. et al.
• Court: Kansas Supreme Court

92 P.2d 74

150 Kan. 239

SOUDEN v. RINE DRILLING CO. et al.

No. 34302.

Supreme Court of Kansas

July 8, 1939

Syllabus by the Court.

A judgment setting aside award of additional compensation on ground that application for review had not been filed in time was a "final judgment" from which an appeal would lie. Gen.St.1935, 44-556.

The Workmen's Compensation Act is a comprehensive enactment complete in itself with a simplified procedure designed to speed the settlement of claims and avoid delay as well as expense of litigation and rules of Civil Code are inapplicable. Gen. St.1935, 44-501 et seq.

Only issues of law are reviewable on appeal under the Workmen's Compensation Act. Gen.St.1935, 44-556.

Under statute, appeal from finding or order of district court in compensation proceeding must be perfected by filing a written notice of appeal within 20 days after final order, and time cannot be extended by filing post-judgment motions. Gen.St.1935, 44-556.

A judgment setting aside award of additional compensation which was entered November 30, 1938, was required to be affirmed on appeal, where notice of appeal was not filed until after January 14, 1939, when judgment was entered overruling motion for new trial and sustaining motion to strike supplemental motion to vacate judgment and reopen case, since notice of appeal was not filed within twenty days after entry of final judgment on November 30, 1938. Gen.St.1935, 44-556.

1. The Workmen's Compensation Act, Gen.St.1935, 44-501 et seq. is a comprehensive enactment, complete in itself, with a simplified procedure designed to speed the settlement of claims and avoid the delay as well as the expense of litigation, and the rules of the civil code are not applicable to compensation proceedings.

2. Under G.S.1935, 44-556 an appeal from any finding or order of the district court must be perfected by filing a written notice of appeal with the clerk of the district court within twenty days after such final order, and the time cannot be extended by filing post-judgment motions.

Appeal from District Court, Rice County; George A. Kline, Judge pro tem.

Proceeding under the Workmen's Compensation Act by George L. Souden claimant, opposed by the Rine Drilling Company, employer, and the Employers Liability Assurance Corporation, Limited insurance carrier. From a judgment of the district court setting aside compensation award on appeal from the compensation commissioner, the claimant appeals.

Affirmed.

Wm. H Burnett, Arthur H. Snyder, Harry H. Dunn, and Fred C. Preble, all of Hutchinson, for appellant.

Robert C. Foulston, George Siefkin, Sidney L. Foulston, Lester L. Morris, George B. Powers, Carl T. Smith, C. H. Morris, and John F. Eberhardt, all of Wichita, for appellees.

ALLEN Justice.

This is an appeal from a judgment of the district court in a workmen's compensation case.

The appellant while working for the Rine Drilling Company suffered a compensable non-scheduled injury, and on January 7, 1937, was awarded 52 weeks' temporary total disability. Upon application the Commissioner extended the award 26 weeks to January 10, 1938. In this order of modification the contract for attorney's fees between appellant and L. E. Quinlan was approved and made a lien upon the award.

It appears that during the period covered by these awards Mr. Quinlan represented the appellant, and all checks were made payable jointly to Mr. Quinlan and appellant and were sent to Mr. Quinlan by the insurance carrier. All the checks were endorsed and cashed except the final compensation check, which was sent to and received by Mr. Quinlan on January 10, 1938, the date the final payment was due.

On March 4, 1938, appellant filed an application with the Commission for an extension of the award; a hearing was held on April 7, and on April 19, 1938, the Commissioner issued an order of modification by which the appellant was given an award for an additional 337 weeks at $18 per week. From this order an appeal was taken to the district court. Before the court convened in September, 1938, Mr. Quinlan, attorney for the appellant, was appointed district judge to succeed the late Judge Beals, and Judge Klinewas called to hear the case as Judge Pro Tem.

On September 14, 1938, the case was submitted to Judge Kline without argument with leave to file briefs given to both parties. On November 30, 1938, Judge Kline rendered judgment setting aside the award on the ground that the application for review had not been filed in time.

On December 1, 1938, appellant employed Wm. H. Burnett...