Green Bay Sugar Co. v. Industrial Commission
Green Bay Sugar Co. v. Industrial Commission
Opinion of the Court
Percy P. Conley, while an employee of' the Green Bay Sugar Company, injured his right eye, August 28, 1920. Plaintiff claims a settlement was made and approved by the Industrial Commission, foreclosing the present claim. Evidence of the compromise, and settlement of Conley’s claim against his employer and the approval thereof, appear from letters and notations as follows: On December 23, 1920, Conley made informal application for the determination of his permanent disability. On January 5, 1921, he wrote to the commission that his eye was useless for industrial purposes, and that the Insurance Company had offered him a settlement on the basis of fifty per cent loss of vision of the right eye. On January 11, 1921, the commission wrote Conley informing him that if he was not satisfied, he could consult a physician of his own choosing, but that before the commission would approve any settlement between the Insurance Company and Conley, a doctor’s report had to be filed. The commission also stated that if it appeared that a doctor of Conley’s choice agreed with Dr. Beilin, there was no reason for delaying the settlement. On January 18, 1921, the commission wrote Conley that if he and the Insurance Company could not agree upon a satisfactory disposition of the matter, a hearing could be had before the commission. On January 15, 1921, Conley made a settlement with the Insurance Company on the basis of fifty per cent permanent loss of vision of the right eye. On June 10, 1921, the commission wrote to the Warren Insurance Agency request-
The defendant denies the effect of the 1921 correspondence as being a full and complete settlement and relinquishment of future claims, and asserts that all claim for permanent disability was not compromised, but that the payment was of an amount due. Conley now claims that his disability was fifty per cent in 1921; that his vision subsequently grew worse until he completely lost the use of his injured eye. The award now under review allows him compensation for the loss of vision which he claims fi> have experienced since 1921, and which he claims results from the original injury and not from intervening causes. After reviewing the correspondence between Conley and the Industrial Commission and the employer’s insurance carrier and the commission, which also discloses the negotiations between the plaintiff
By the Court. — Judgment reversed, and cause remanded with directions to enter judgment vacating the award of the Industrial Commission.
Reference
- Full Case Name
- Green Bay Sugar Company and another v. Industrial Commission and another
- Status
- Published