34 N.W.2d 774 | Wis. | 1948
Appellant, while in the employ of Allis-Chalmers Manufacturing Company as a crane operator, fell from the crane to the concrete floor and was injured. The nature and extent of the injuries were not in dispute. The company and the employee, together with their respective attorneys, entered into a stipulation and request for award which provided that the injuries were seven and one-half per cent measured at the left elbow, sixty per cent measured at the right elbow, and twenty-five per cent of total disability due to a skull fracture and other head injuries.
The sole question raised by appellant in her petition to the circuit court for review was the accuracy of method of computation by the Industrial Commission.
Upon submission of the stipulation to the commission, its director of compensation, who acted as an examiner, computed the amount due appellant and made an order on June 27, 1945. The basis of recovery allowed was 31.875 weeks for seven and one-half per cent permanent partial disability of the left arm at the elbow, and 255 weeks for sixty per cent permanent partial disability of the right arm at the elbow. As to this portion of the computation there was no disagreement.
The statute (sec.
It is the contention of the appellant that this was erroneous, and that under the stipulation she should have been allowed *612 250 weeks for the head injuries plus the amounts allowed for injuries to her arms.
A petition for review of the findings and order of the examiner was filed with the commission July 16, 1945. After much correspondence between the appellant and the commission a further hearing was held December 4, 1945, before an examiner who, on February 11, 1946, filed findings of fact and a conclusion that the order of June 27, 1945, awarded proper compensation.
On March 4, 1947, another hearing was held upon the consent of all parties, and on April 4, 1947, the commission as a body made an order adopting the findings and order of the examiner entered February 11, 1946, as those of the commission.
The company has appeared in none of the proceedings since filing the stipulation, except to consent to the hearing of March 4, 1947, and holds itself ready to pay whatever award is ultimately found to be proper.
On April 12, 1947, this action was commenced in the circuit court for Dane county to review the order of the commission dated April 4, 1947.
In the circuit court the attorney general contended that the commission's order dated April 4, 1947, was a nullity inasmuch as the order of the examiner made February 11, 1946, had become final under sec.
It appears that the trial court correctly held that her application to the commission after the original order of June 27, 1945, to make a further award based upon her method of calculation was such an application for additional compensation as is contemplated by sec.
The trial court's conclusion that this action was barred by failure to proceed in due time was correct.
By the Court. — Judgment affirmed.
BROADFOOT, J., took no part.