delivered the opinion of the court:
The circuit court of Putnam county vacated an order of the Industrial Commission requiring L. B. Dyer аnd the F. W. Dyer Construction Company to pay Cherillo Ricci a balance of $819 due under a settlement contract made pursuant to the Workmen’s Compensation act, together with a penalty of fifty per cent of said sum for unreasonable delay in рayment, as provided for by paragraph (/e) of section 19 of said act. The сase is brought here by writ of error.
On September 20, 1930, Cherillo Ricci sustained accidental injuries while in the employ of the construction company, for which he filed an application for adjustment of claim for compensation. Due notice thereof was given the construction company and also the New York Indemnity Company, the insurer. Notices of postponed hearings were given the parties. Final hearing on the application was never had because of representations mаde that negotiations were being carried on between the parties for a sеttlement. On July 6, 1931, a settlement agreement was entered into between the applicant and the construction company whereby the applicant was to receive $3065.40 in weekly installments. The agreement was in writing and was entered into on behalf of thе construction company by an attorney representing the indemnity company and its assignee. It was presented to and approved by the Industrial Commission on July 9. Regular рayments were made pursuant to said agreement until the sum of $2246.40 had been paid. Therеafter no payments were made and the insurance companies becаme insolvent. The construction company was notified of the default and refused tо make payments on the ground that it had not executed the settlement agreement but that it had been executed by the indemnity company in the name of the construction company without authority. Ricci then filed a petition with the Industrial Commission asking for an order for the payment of the sums in default, together with the penalty provided by statute. The commission entered an order pursuant to the prayer of the petition, and thе construction company caused the order to be reviewed by the circuit court on certiorari. That court reversed the finding and decision of the Industrial Commission.
The settlement agreement was approved without objection by any of the pаrties, all of whom were properly before the commission pursuant to notices. After being served with notice to appear a party is chargeable with knowlеdge of all subsequent proceedings of the tribunal before which the cause or matter is pending. (Hanberg v. Morgan,
Paragraph (Ze) of section 19 provides that in any case where there hаs been an unreasonable delay of payment the commission may award cоmpensation additional to that otherwise payable equal tó fifty per cent of the amount then due, arid that failure to pay compensation shall be considered unreasonable delay. The circumstances surrounding non-payment in this case bring it squаrely within the provisions of the statute, and the additional award made by the commission in thе nature of a penalty was duly authorized.
The finding and award of the commission should have been confirmed by the circuit court. The order of this court is that the judgment of the cirсuit court be reversed and the decision and award of the Industrial Commission be confirmed.
Judgment of circuit court reversed.
Decision and award of Industrial Commission confirmed.