DocketNumber: No. 11,743
Citation Numbers: 80 Ind. App. 401, 141 N.E. 231, 1923 Ind. App. LEXIS 147
Judges: McMahan
Filed Date: 10/24/1923
Status: Precedential
Modified Date: 10/18/2024
On November 18, 1921, Charles W. Edgell filed an application with the Industrial Board for compensation because of injuries received March 13,1920, while in the employ of appellee. Pending this application the parties entered into an agreement, reciting: “That whereas said Charles W. Edgell sustained an injury in the course of his employment which resulted in a hernia and whereas operation for such hernia has. been offered to said Charles W. Edgell, but such operative procedure has been refused, it is agreed that compensation shall be paid to said Charles W. Edgell at the rate of $11.55 per week for 15 weeks beginning on the 20th day of March, 1920.” This agreement, dated January 16, 1922, was filed with and approved by the board January 18, 1922, and the application filed November 18, 1921, was dismissed. February 1, 1922, a receipt was filed with the Industrial Board wherein the employe acknowledged “receipt of
October 10, 1922, Charles W. Edgell filed his application for a review of the award because of changed conditions, in that disability on account of his injury had recurred and increased since the award and had resulted in permanent partial impairment. To this application appellee filed an answer (1) of general denial and (2) that more than one year had expired from the termination of the compensation period fixed in the original award and before the filing of the application for review. A guardian having been thereafter appointed for the injured employe, was by agreement substituted as party plaintiff.
On a hearing before the board, the board by a majority of its members, after finding the facts concerning the employe’s injury, the filing and approval of the compensation agreement, together with the payment of the compensation as heretofore stated, found: “There has been no change in conditions on account of which the award made by the approval on the 18th day of January, 1922, of the agreement dated January 16, 1922; that since said date the plaintiff has become wholly disabled for work but that his disability is due to disease which did not result from an injury on account of which compensation was awarded by the approval of said agreement.”
The petition for review being denied, appellant appeals. The errors assigned are that the award is not sustained by sufficient evidence and is contrary to law.
The compensation agreement signed by the parties and approved by the board recited that the parties had reached an agreement in regard to the compensation for the injury for which an application for compensation had heretofore been filed with the board, that the employe had refused an operation and that it was agreed that compensation should be
It is next argued that the injured employe was of unsound mind and that the board should have annulled the award made in accordance with the agreement. The application for review was based upon that award. The legality of the agreement and the validity of the award were not questioned by the petition. The filing of the petition for review was an acknowledgement that the award was properly made. The claim was that there had been a change in the condition of the injured employe subsequent to the original award and that such change was the result of the injury. Whether there had been a change of condition, and if so, whether it was caused by reason of the injury or from some other cause, were questions of fact for the Industrial Board.
The finding and award is sustained by the evidence. The award is affirmed.