197 Mich. 301 | Mich. | 1917
Section 8, pt. 3, of the workmen’s compensation law (Act No. 10, Extra Session 1912, 2 Comp. Laws 1915, § 5461) provides as to claim for review, or appeals from the committee of arbitration to the State industrial accident board:
“The hearings of the committee [of arbitration] shall be held at the locality where the injury occurred, and the decision of the committee shall be filed with the industrial accident board. Unless a claim for review is filed by either party within seven days, the decision shall stand as the decision of the industrial accident board: Provided, That said industrial accident board may, for sufficient cause shown, grant further time in which to claim such review.”
At a hearing before a committee of arbitration upon an application of Henry M. Brunette, plaintiff herein, held at the courthouse in the city of Houghton, on May 10, 1916, in the locality where the injury for which compensation was claimed had occurred, a decision was made in his favor against the Quincy Mining Company, defendant, awarding him compensation for injuries resulting from an industrial accident while in the latter’s employ. The written “Award on Arbitration” made by the committee is marked “Dated and entered this 10th day of May, 1916,” was filed.with the industrial accident board, at Lansing, on May 13,
“Whether the day from which the 7 days begins to run is the day the award is signed by the arbitration committee or the day it is filed with the industrial accident board is immaterial in this case, because the respondent did not file this claim for review until 12 days from the day the award was made, and until 9 days from the day the decision was filed with the board, and it is the opinion of the board that the claim for review was not filed within the time fixed by the statute. * * * While it is clear from the statute that the board has the power, in a proper case, to grant an extension of time upon a sufficient showing, it is the opinion of the board that a showing of diligence should be made, or that a showing that circumstances beyond the control of the respondent prevented the respondent from making this claim for review within the time provided by law; no such showing is made in this case. * * *
“Paragraph 4 of said petition states:
“ ‘That your petitioner was informed on the 10th day of May, 1916, that an award had been made by the arbitration committee in favor of the claimant, but the amount of the award was entirely unknown by the petitioner until notice was officially received, as aforesaid.’ * * *
“The respondent, by its own admissions in this petition on the same day that an award was signed, learned that an award had been made, and that it was adverse to the respondent. On the 15th day of May the respondent received notice from the board by mail that an award had been filed, and notwithstanding the fact that the time for claiming a review was passing, they delayed the filing of any claim for review in this matter until the 22d day of May thereafter, and it is the opinion of' the board that the respondents have not made such a showing as the statute contemplates should be made which would warrant the board in entering an order granting further time within which to claim such review.”
The law does not require the board to give parties
The act requires that process and procedure in carrying out its provisions shall be summary, as reasonably possible, and the board may make rules for carrying them out, not inconsistent with the act (section 3, pt. 3). Any general rule extending the time to file a claim for review would be inconsistent with the act. We do not discover that any rules have been promulgated by the board touching the questions involved here. The committees of arbitration are required to make investigations and hold their hearings at the locality where the injury occurred, in any part of the State. The office, records, and headquarters of the industrial accident board are kept in the city of Lansing, as the statute requires (section 2, pt. 3), but one of the board, to be designated by it, must act, in person or by deputy; as a member of each committee of arbitration, wherever its hearing is held, and the industrial accident board itself may also hold its hearings on review of awards in Lansing or elsewhere as
Extension of time on application and showing is plainly made by statute a matter of discretion with the board, which this court may not interfére with unless a palpable abuse of such discretion becomes manifest. So considered, we cannot affirmatively find on the showing made in this case that the refusal of the accident board to affirmatively act under the proviso should be disturbed.
Its order of denial is therefore affirmed.
Upon the showing made, I am of opinion that the discretion of the board should have been moved to grant the short extension of time requested.