Giles v. Tri-State Erectors & Liberty Mutual Insurance
Giles v. Tri-State Erectors & Liberty Mutual Insurance
Opinion of the Court
Claimant’s sole question on appeal is whether the Industrial Commission erred in failing to make findings of fact based on evidence relating to the issue of permanent partial disability of the claimant’s right foot.
“If the findings of fact of the Industrial Commission are supported by competent evidence and are determinative of all the questions at issue in the proceeding, the court must accept such findings as final truth, and merely determine whether or not they justify the legal conclusions and decision of the commission. (Citations omitted.) But if the findings of fact of the Industrial Commission are insufficient to enable the court to determine the rights of the parties upon the matters in controversy, the proceeding must be remanded to the commission for proper findings. (Citations omitted.)” Op. cit. at 605. (Emphasis supplied.)
Unquestionably, the Industrial Commission has jurisdiction to determine all questions of compensable injury which are properly before it. Here, claimant stipulated at the 11 July 1972 hearing that the issue before the Commission was “disfigurement and the amount of permanent partial disability to' the arm”. We have to assume that claimant knew and was aware that he intended to introduce into evidence and did introduce, into evidence statements of Dr. Urbaniak with respect to the injury to the right foot. When the Hearing Examiner filed his award, claimant did not except to his setting out in the award the stipulation of the parties that “the questions involved in his hearing is (sic) the amount of disfigurement and the increase in permanent partial disability of the plaintiff’s right upper extremity”. Claimant appealed from the award, and his basis for appeal was that the award for disfigurement was inadequate. He specifically stated in his notice of appeal that all other grounds for appeal were waived and abandoned. The Full Commission entered its order on 15 February 1973 and, on its own motion, ordered an examination of claimant by Dr. Ur-baniak for the limited purpose of determining what amount of additional permanent partial disability, if any, claimant had with respect to his upper right extremity. On Dr. Urbaniak’s
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.