248 N.W. 273 | N.D. | 1933
This is a mandamus proceeding to compel the payment of a judgment obtained by the plaintiff against the Workmen's Compensation Bureau. The facts are stipulated and it appears therefrom *329 that on the 19th day of May, 1926, the plaintiff, who was insured under the Workmen's Compensation Act, was injured in the course of his employment. He filed a claim with the Bureau, which was dismissed, and on appeal to the district court he obtained a judgment. The Workmen's Compensation Bureau, on the 12th day of April, 1929, made an award in accordance with the provisions of said judgment and authorized the payment as it became due bi-weekly, at the rate of $40. Thereafter, at the expense of the Bureau, the plaintiff was, with his consent, operated on at the Quain and Ramstad Clinic and was cured of his disability. On the 23rd day of September, 1929, Drs. LaRose, Ramstad and Pierce again examined the plaintiff and reported that the operation was successful and the plaintiff was no longer suffering from a partial permanent disability. On October 28, 1929, the Bureau entered its order vacating its award of April 12, 1929 and refused to pay further weekly payments.
Appellant contends that, under section 396A18, it has a continuing jurisdiction and may end, diminish, or increase the compensation previously awarded, or if compensation has been refused or discontinued, award compensation.
We are of the opinion that the appellant is right in its contention. The intent of the law is to insure to workmen sure and certain relief when injured in the course of employment and for resulting disability while the disability lasts. If the disability is removed, as in the instant case, the weekly payments should cease, for it is not the intent of the law to pay well men out of the fund created to take care of injured workmen while they are under disability. It is conceded that the operation was successful and that the claimant was no longer under disability when the Bureau ceased to make the weekly payments.
The judgment of the court, in the instant case, does not take from the Bureau its continuing jurisdiction over the plaintiff and the award made by the court. When the judgment is entered and acted on by the Bureau it becomes the award of the Bureau, the same as any other award. It is administered by the Bureau and it has exclusive jurisdiction over it. Under the continuing jurisdiction it may review the award at any time and may end, diminish, or increase the compensation previously awarded. It is the intent of the law that the Bureau should end the award, in case the claimant gets well, or the Bureau *330 may diminish it in case the claimant is getting better, or may increase it if he gets worse.
In the case of Gotchy v. North Dakota Workmen's Comp. Bureau,
In this decision judgment and award are used interchangeably and it is held that the court cannot make an award or enter a judgment for a lump-sum; that the bureau alone can make an award in a lump-sum; that the court has no continuing jurisdiction over the administration of the fund; that belongs to the bureau.
Section 396A18 reads as follows: "If the original claim for *331 compensation has been made within the time specified in § fifteen, the bureau may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation." This section gives the bureau broad powers in disbursing the fund to injured workmen, providing them with medical and surgical treatment so that they may recover and the compensation cease.
Under its continuing jurisdiction the bureau provided for medical and surgical aid, in the instant case, which resulted in a permanent cure. The law does not contemplate two classes of compensation for injured workmen. Had the compensation bureau allowed the claim in the first instance there would be absolutely no question about its right to modify its award and the proceedings in court for the purpose of determining whether the claimant was entitled to an award, does not deprive the bureau of its continuing jurisdiction over the award when it is made pursuant to a judgment of the court. It is the duty also of the workman, who is receiving compensation, to submit to medical treatment and operation when necessary, when an operation is not dangerous and there is a fair chance of recovery.
In the case of Mahoney v. Gamble-Desmond Co.
In the case of Danziger v. Industrial Acci. Commission,
In the instant case it was stipulated that respondent received no *332 compensation from the date of the injury until he entered the hospital for an operation and it appears from the record that during all of the time respondent was in the hospital and thereafter, as long as the disability continued, he was paid by the Bureau twenty dollars per week in accordance with the judgment, but was not paid compensation from the time of the injury up to the time he entered the hospital. The respondent was entitled to compensation in this case during the entire period of his disability and as that is all the court allowed him, the judgment must be and is affirmed.
NUESSLE, Ch. J., and BIRDZELL, BURR and CHRISTIANSON, JJ., concur.