Tuomi v. General Logging Company
| Decision Date | 13 March 1936 |
| Docket Number | 30,773 |
| Parties | IVAR TUOMI v. GENERAL LOGGING COMPANY |
| Court | Minnesota Supreme Court |
Certiorari upon the relation of General Logging Company, employer, to review an order of the industrial commission vacating a prior award of compensation to Ivar Tuomi, employe, and granting a rehearing. Affirmed.
Workmen's compensation act -- jurisdiction of industrial commission to vacate award and grant rehearing.
Where no writ of certiorari had issued to review an award made by the industrial commission, the award had not been reduced to judgment, and no statute of limitations barred such relief, the jurisdiction of the industrial commission continued, and it had the power, for cause, to vacate the prior award and grant a new hearing in the matter.
Abbott MacPherran, Dancer, Gilbert & Doan, for relator.
Nelson & Cedergren, for respondent.
Certiorari to review an order of the industrial commission vacating a prior award of compensation and granting a new hearing in the matter.
Respondent, employe, suffered an injury to his eyes on August 2, 1934. Compensation was paid for ten weeks. Thereafter a stipulation for final settlement was entered into between the parties whereby settlement was made on the basis of a healing period of 17 weeks and an additional ten weeks for a ten per cent loss of sight in the right eye, and the payment by relator of doctors' and hospital bills. This made the total compensation $216 in addition to doctors' and hospital bills. The stipulation was presented to the industrial commission and an award made in conformity with such stipulation, "same to be in full and final settlement of any and all claims resulting from employe's accidental injury sustained on or about August 2, 1934, while in the employ of the above employer." The award was made December 12, 1934. The balance of compensation unpaid, $120, and the doctors' and hospital bills were thereupon paid by the relator. On December 27, 1934, the respondent gave his final receipt for compensation "in settlement and satisfaction of all claims for compensation or damages, subject to review as provided by law, on account of injuries suffered by Ivar Tuomi on or about the 2nd day of August, 1934, while in the employ of General Logging Company."
On or about June 19, 1935, respondent petitioned the industrial commission to set aside the award made on December 12, 1934 and to grant a new hearing, on the ground of further disability developing in his eyes subsequent to December, 1934. A hearing was had on this petition August 15, 1935, vacating the...
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