Patrick v. Consolidated Coal Co.

Michigan Supreme Court

Patrick v. Consolidated Coal Co.

259 N.W. 906, 271 Mich. 306, 1935 Mich. LEXIS 813

CourtMichigan Supreme Court

DecidedApril 9, 1935

DocketDocket No. 94, Calendar No. 38,078.

StatusPublished

This text of 259 N.W. 906 (Patrick v. Consolidated Coal Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patrick v. Consolidated Coal Co., 259 N.W. 906, 271 Mich. 306, 1935 Mich. LEXIS 813 (Mich. 1935).

Pincite

Opinion

Potter, C. J.

Plaintiff, a coal miner, suffered a .compensable injury August 30, 1928. He was awarded and paid compensation until February 20, 1929. February 23, 1929, he filed a settlement receipt, subsequently returned to work and continued to work for some time, when he was laid off in September, 1932. Plaintiff sought to return to work, but on a physical .examination it was found he should no longer work underground. December 12, 1933, plaintiff filed a petition for further compensation. The deputy commissioner made an award of compensation January 11, 1934, which was affirmed on review by the department of labor and industry. Defendant brings certiorari, claiming there was no competent evidence to sustain this award.

There was testimony tending to show plaintiff suffered a compensable injury in 1928, and was at the time of the filing of the application partially disabled ; that there was causal connection between the injury and his present disability and loss of earning capacity.

The award of the department of labor and industry is affirmed.

Nelson Sharpe, North, Fead, Wiest, Btjtxel and Bttshnell, JJ., concurred. Edward M. Sharpe, J., did not sit.

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Potter, C. J.

Plaintiff, a coal miner, suffered a .compensable injury August 30, 1928. He was awarded and paid compensation until February 20, 1929. February 23, 1929, he filed a settlement receipt, subsequently returned to work and continued to work for some time, when he was laid off in September, 1932. Plaintiff sought to return to work, but on a physical .examination it was found he should no longer work underground. December 12, 1933, plaintiff filed a petition for further compensation. The deputy commissioner made an award of compensation January 11, 1934, which was affirmed on review by the department of labor and industry. Defendant brings certiorari, claiming there was no competent evidence to sustain this award.

There was testimony tending to show plaintiff suffered a compensable injury in 1928, and was at the time of the filing of the application partially disabled ; that there was causal connection between the injury and his present disability and loss of earning capacity.

The award of the department of labor and industry is affirmed.

Nelson Sharpe, North, Fead, Wiest, Btjtxel and Bttshnell, JJ., concurred. Edward M. Sharpe, J., did not sit.

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Bluebook (online)

259 N.W. 906, 271 Mich. 306, 1935 Mich. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-consolidated-coal-co-mich-1935.