Stetu v. Ford Motor Co.

• Decision Date: 16 October 1936
• Docket Number: No. 56.,56.
• Parties: STETU v. FORD MOTOR CO.
• Court: Michigan Supreme Court

277 Mich. 468

269 N.W. 236

STETU

v.FORD MOTOR CO.

No. 56.

Supreme Court of Michigan.

Oct. 16, 1936.

Appeal from Department of Labor and Industry.

Proceeding under the Workmen's Compensation Act by George Stetu, claimant, opposed by the Ford Motor Company, employer. The deputy commissioner awarded compensation, and the employer filed application for review before the commission. Prior to hearing on appeal to the commission, the claimant died, and Veronica, Stetu filed a motion to be substituted as party plaintiff. The commission dismissed the appeal, and from the order dismissing the appeal all parties appeal.

Award modified, and case remanded to the commission for purpose of review.

Argued before the Entire Bench.

Tuttle & Tuttle, of Lansing (E. C. Starkey and F. A. Nolan, both of Dearborn, of counsel), for Ford Motor Co.

Robert D. Anspach and Marcus & Marcus, all of Detroit (Kurt J. Kremlick, of Detroit, of counsel), for Veronica Stetu.

BUTZEL, Justice.

George Stetu suffered a compensable injury on October 28, 1927, and was awarded compensation at $18 per week. On returning to work on December 13, 1927, he signed a settlement receipt which never was approved in any other manner than by General Order No. 30. He again left the employ of defendant in the summer of 1929, and did not return except for two days in February, 1935. On April 12, 1935, he filed a petition for further compensation stating that since on or about July 15, 1929, he had been totally disabled on account of internal injuries received in the accident. The deputy commissioner to whom the petition was referred awarded compensation in the sum of $18 per week for total disability from January 1, 1932, to May 16,1935, and thereafter until the further order of the commission. Defendant filed application for review before the commission. On September 5, 1935, six days before the hearing on appeal to the commission had been set, Stetu died. The widow promptly filed a motion to add or substitute Veronica Stetu, widow and administratrix, as party plaintiff. The commission made no order on the latter motion, but on December 18, 1935, entered an order dismissing the appeal. All parties have appealed from this order.

In Stone v. Smith, 275 Mich. 344, 266 N.W. 374, we held that where no compensation had yet been paid, and where the employee died during the pendency of an appeal from the award of the deputy commissioner and prior to the hearing of the appeal by the commission, the proceedings abated as to him, but were still pending for the purpose of determining the rights of dependents, whose petition could be remanded to the deputy commissioner to take testimony as to the death of the claimant and the rights of his dependents. In the instant case, however, an award had been made and compensation paid prior to the death of the employee. His widow claims that, either as sole dependent or administratrix of his estate, she may intervene so that she can recover the amount due decedent up to the time of his death. She may not be entitled to any compensation as a dependent, as death might not have been the result of the accident, or for other reasons, but on proper petition she may, however, establish her claim as administratrix in the instant case inasmuch as a valid and binding award, made shortly after decedent suffered his injury, was never stopped by any approved settlement receipt. In Weaver v. Antrim Iron Co., 274 Mich. 493, 265 N.W. 445, we held that the award still remained in effect, as the settlement receipt was not approved, notwithstanding the omnibus order No. 30, which constituted an ineffectual attempt to approve all settlement receipts theretofore filed. When a settlement receipt is never approved and the employee thereafter suffers further disability from the same accident, a review of payments under the original award becomes necessary in order to determine the amount due. Should claimant die prior to an adjudication on the petition, his legal representatives may intervene and continue the review of payments in order to determine the amount due, if any, at the time of employee's death, and in order to obtain a certificate for judgment in the circuit court. The instant case differs from Stone v. Smith, supra, where the employee died before an award had been made, and a reasonable construction of the act (Comp.Laws 1929, § 8407 et seq.), demonstrated that the...