197 Mich. 1 | Mich. | 1917
While defendant was engaged in constructing the Hotel Pantlind, in the city of Grand Rapids, claimant was in his employ. On July 28, 1913, while at his work, plaintiff fell and sustained injuries which were diagnosed as a “strain of the left wrist and a contusion of the upper arm.” On August 11th he returned to his work, and thereafter served in the capacity of a watchman and did some light work on full pay. In December, 1914, he was discharged. On February 10, 1915, he filed his claim with the industrial accident board, and on April 28th was awarded by a committee of arbitration $7 per week for partial disability, and this sum was made to date from the time of discharge. The board further ordered that claimant should return to work with full pay if defendant would furnish him with light work. The defendant acquiesced in this order, and claimant remained in its service until the 1st day of September, 1915, on which date the hotel was completed, and claimant was discharged. By reason of the continued demands of plaintiff upon defendant for compensation, it filed its petition in November, 1915, praying to be relieved from making further payments to him. Claim
(a) Because claimant was not incapacitated and away from his work for two weeks.
(b) Because no notice of the injury was given within three months from the happening thereof.
(c) Because no claim was made within six months after its occurrence.
Had defendant intended to raise these questions, it should have done so before the arbitration committee. Instead of doing so, it selected an arbitrator and joined in the arbitration, and after the award was made, it not only paid what was then due, but acquiesced in the optional order made by the board, by taking claimant back into its employ and furnishing him lighter work. These defenses were clearly waived by its conduct and its failure to raise them at the proper time.-
“That the said applicant, James B. Brown, is entitled to receive and recover from said respondent, George A. Fuller Company, the sum of seven dollars per week during disability (partial) from the 28th day of July, 1918, and that said applicant is entitled to receive and recover from said respondent on this date $77 (11 weeks), being the amount of such compensation that has already become due under the provisions of law, the remainder of said award to be paid to James B. Brown, applicant, by said respondent in weekly payments, commencing one week from the date of the award.
“It is the decision of the arbitration committee that Brown is to return to work for the George A. Fuller Company and furnished with such employment as he may be able to do. Wages to be $2 a day ($14 a week of 7 days). No time was lost by applicant from date of accident until December 26, 1914.”
The Fuller Company agreed to furnish applicant with light work. Signed by the three members of the committee of arbitration.
Defendant elected to take claimant back into its em
The order appealed from is affirmed.