Hartsock v. Long
Hartsock v. Long
Opinion of the Court
This is an appeal from the Industrial Board of Indiana. The substantial facts are as follows: Walter Long, thirty-one years old, was killed by a train while he was driving a wagon belonging to his employer, Frank Hartsock, in the line of employment. His widow, Mrs. Walter Long, and a son, Wilbur Long, twelve years old, were his dependents. The wages of the deceased were $20 per week and the award of the Industrial Board was $11 per week for 300 weeks, upon an agreement by the employer and the employe’s dependents. After the payment of the weekly allowance for forty-nine weeks, an agreement for a lump-sum settlement or redemption of remaining unpaid sum was entered into by and between the employer and the dependents of the deceased employe, which agreement was presented to the Industrial Board for its approval, which was granted, and .the board fixed the amount by which the remaining 251 weeks of compensation should be redeemed by payment of cash in lump sum at $1,286.17 for Mrs. Walter Long and $1,286.17 for Wilbur Long, or $2,572.34 in all.
Thereupon appellant Southern Surety Company, insurance carrier, filed a petition praying that the lump-sum settlement agreement be set aside, stating as reasons: (1) That the case is not extraordinary or unusual within the meaning of §43 of the Workmen’s
The board heard the evidence upon this petition, and found that the same should be denied. This appeal was then prayed and granted. The errors alleged by appellant are that the rulings and findings of the Industrial Board upon which said order is based are contrary to law, and that its order is contrary to law.
We_find no error. The order of the Industrial Board is affirmed.
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