Ætna Life Ins. v. Industrial Commission

241 P. 223, 66 Utah 235
CourtUtah Supreme Court
DecidedNovember 14, 1925
DocketNo. 4252
StatusPublished
Cited by2 cases

This text of 241 P. 223 (Ætna Life Ins. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ætna Life Ins. v. Industrial Commission, 241 P. 223, 66 Utah 235 (Utah 1925).

Opinion

STRAUP, J.

This is a review of proceedings of the Industrial Commission wherein it, under our Industrial or Workmen's Compensation Act (Comp. Laws 1917, §§ 3061-3165), made an award to Byron Light, an employé of the Solvay Process Company. The commission awarded him the sum of $1,551, to be paid in a.lump sum by the Process Company or the insurance company, its insurance carrier, in addition to the sum of $369 theretofore paid him. The findings of the commission show that Light on August 19, 1924, filed an application with the commission in which it is recited that he was employed by the Process Company at Salduro, Utah, as a machinist helper, and that on the 22d day of August, 1917 (nearly six years prior to the filing of his application), he was injured by reason of an accident arising out of and in the course of his employment whereby his wrist “was broken and crushed,” and that the insurance company paid him $12 [237]*237a week for 30 weeks and 4 days; that as tbe result of tbe accident be sustained permanent partial loss of tbe band and wrist; and that “be believed” tbe amount paid was not sufficient to compensate bim for bis loss; and tbat ‘1 believe tbat under tbe compensation act I would be entitled to receive additional compensation, and for tbat reason I ask tbat you reopen tbe case and adjudicate my claim for additional compensation.” Tbe findings further recite tbat a bearing was bad, and tbe facts found to be tbat Light was injured August 22, 1917, and as in bis application stated; tbat at tbe time of his injury be was paid a wage of $31.40 a week; tbat tbe Process Company bad procured compensation insurance with tbe .¿Etna Life Insurance Company, who, as a result of tbe injury, paid the applicant compensation in tbe sum of $369, covering a period of 30 weeks and 4 days; and tbat tbe injury sustained by tbe applicant was a compound comminuted fracture, etc., about one inch above tbe wrist; and tbat as a result thereof be sustained practically “100 per cent, loss of use of tbe said right arm from tbe elbow down.” No other or additional facts are found by the commission, and not anything found to excuse or account for tbe delay in tbe filing of tbe application, nor was it found, when tbe $369 or any part thereof was paid by tbe insurance company. Upon such findings conclusions were stated by tbe commission tbat tbe Process Company or tbe insurance company should pay Light compensation at tbe rate of $12 a week for 160 weeks, giving them credit for $369 theretofore paid, and requiring them to pay in a lump stun $1,551 in addition. Tbe commission so ordered.

Among other defenses tbe bar of tbe statute of limitations was interposed by each of tbe companies. What tbe commission did with tbe plea, its findings, conclusions, and order are silent. As appears on tbe face of them, tbe commission went on as though there were no such plea or statute. Hence tbe companies are here seeking a review, claiming, among other things, tbat on the record tbe application for compensation is barred.

In tbe case of Utah Con. Min. Co. v. Ind. Comm., 57 Utah, 279, 194 P. 657, 16 A. L. R. 458, this court held tbat an ap[238]*238plication for compensation under tbe act must be made and bled witbin one year from tbe time of injury, and, unless so done, tbe claim for compensation is barred. Sucb holding was followed and approved by subsequent cases. Inter-Urban, etc., Co. v. Ind. Comm., 58 Utah, 310, 199 P. 157; Spring Canyon Coal Co. v. Ind. Comm., 58 Utah, 608, 201 P. 173; Rezaldo v. Ind. Comm., 61 Utah, 412, 213 P. 1083; and McLead v. Sou. Pac. Co., 64 Utah, 409, 231 P. 440. Tbus on tbe face of the application and of tbe findings and order it appears that tbe injury occurred August 22, 1917, and that tbe application for-compensation was not made or filed until August 19, 1924, and not anything is stated or found that any prior application of any kind bad been made or any prior proceedings bad with respect thereto or to any claim for compensation, nor anything whatsoever to excuse tbe delay or toll tbe statute and hence, on tbe face of tbe application and tbe findings and order, tbe action or claim for compensation is clearly barred.

Upon this point counsel for defendants refer us to tbe cases of Mulhall v. Nashua Mfg. Co., 80 N. H. 194, 115 A. 449, and Chebot v. State Ind. Acc. Comm., 106 Or. 660, 212 P. 792. In tbe first case tbe statute provided that no proceedings for compensation under tbe Industrial Act should be maintained, unless notice of the accident was given to tbe employer “as soon as practicable after tbe happening thereof,” and “unless claim for compensation has been made witbin six months from tbe occurrence of tbe accident.” Tbe act further provided that “no want or defect or inaccuracy of a notice shall be a bar to tbe maintenance of proceedings, ’ ’ unless tbe employer was prejudiced by sucb want, defect, or inaccuracy. Tbe court there held that, since the giving of a notice was excusable, it must be presumed tbe Legislature intended that the making of a claim for compensation witbin six months also was excusable, although tbe act did not so expressly provide. Sucb conclusion was largely xeacbed because of tbe .similarity of tbe New Hampshire statute and tbe British act, which tbe court called tbe parent act. But the court noticed that tbe British act by express [239]*239language not only made tbe want or defect of notice excusable, but also made excusable, which the New Hampshire act did not, the making of a claim within the statutory period, if the failure was occasioned by mistake, absence, sence, or other reasonable cause. Whatever may be said as to the conclusion there reached, this court is committed to a contrary doctrine that, unless claim for compensation is made and filed within the period of limitation, as held in Utah Con. M. Co. v. Ind. Comm., supra, it is barred. Though it should be said that a failure to make or file a claim or an application for compensation within such time could for good cause be excused, yet, as already observed, not anything was alleged, testified to, or found to excuse the long delay — nearly seven years — or to toll the statute.

In the Chebot Case it was held that an application by an injured workman for increased compensation on account of changed conditions or increased disability was not the beginning of a new proceeding, but another step in the proceeding initiated by the filing of the original application for an adjustment of the claim. We do not see wherein the case helps the defendants, for here there was no “original application for an adjustment of the claim,” and no proceedings had with respect to any claim, and none filed until nearly seven years after the accident and injury.

All the evidence taken before and heard by the commission was preserved, and as part of the record was transmitted to us.. We have examined and reviewed it. But as to the bar of the statute it does not help the applicant nor support the order in such respect.. The evidence shows that the injury occurred at the time stated in the application, and as found by the commission; that between the time of injury and January 21, 1918, the insurance company paid the applicant, in consequence of his injury, various payments at the rate of $12 per week, and on January 21, 1918, at his request, paid him an additional sum of $117, making in all, with the weekly payments theretofore paid, the sum of $369, and on that day took from him a final receipt as follows:

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Bluebook (online)
241 P. 223, 66 Utah 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tna-life-ins-v-industrial-commission-utah-1925.