120 Me. 251 | Me. | 1921
On May 18th, 1918, one John Fennessey, an employee of the Stebbins Lumber Company, sustained personal injury “arising out of and in the course of his employment.” He filed, a petition under the Workmen’s Compensation Act, and, on establishing the factors necessary to support his claim, was decreed compensation for the period of his resulting total incapacity to labor. R. S., Chap. 50, Secs. 30-34. Thus matters continued until August 9, 1920. At that time, for an injury suffered by him while working for another employer, for whom he began work on or about June 5th, then last past, Fennessey was adjudged by the Chairman of the Industrial Accident Commission to be totally disabled for work, as a result of the injury so sustained. Compensation was allowed him from the new employer accordingly. Thereupon employer, number one, on learning of what recently had happened to Fennessey, filed with the Accident Commission a petition for a review of the.original decree, and for the termination of the compensation that it provided for (R. S., Chap. 5Ó, Sec. 36); which compensation the petitioner insisted, and insists, should be from the date on which Fennessey commenced laboring for the later, or second, employer; all this on the grounds that the earlier disability had then ended, and that overpayment already had been made for several weeks. Fennessey himself, in a separate writing, lent assent to the truth of the recitals of the petition, and incidentally 'expressed satisfaction and contentment
The underlying object of the Workmen’s Compensation Act, as Mr. Justice Morrill aptly observed in Emile Thibeault’s Case, 119 Maine, 336, is to pay an injured workman for his loss of capacity to earn. Such payment is made primarily by the industry or occupation in which the employee was injured; ultimately it is borne by society. The act bespeaks liberality in interpretation. Yet, as counsel suggested in argument, its liberality goes no further, and never was intended to go further, than to provide for compensation for an actual or a legally presumed resulting loss of the ability to work. In this is its whole design, a design woven of the warp and woof of an indemnity contemplated certainly and speedily to be paid.
Divergence of view in this case is attributable to phraseology of the act regarding the subject of a review of decision previously made. Employee or employer, within two years from the entry of decree, may petition the chairman of the commission for a review, because incapacity is ended, or that it is increased or diminished. And the chairman may, in accordance with the facts, and from the date of the application, increase the amount of compensation, or reduce or discontinue it, “or make such other order as,the justice of the case may require, but shall order no change of the status existing prior to the application for review,” runs the law. R. S., Chap. 50, Sec. 36. It will be noticed that the clause, introduced by the disjunctive conjunction “or”, concerning the doing of that which Justice enjoins, is followed immediately by the words, “but shall order no change of the status existing prior to the application for review.” Interpetation of the word “status,” within the meaning of the act, is the hinge on which decision must turn. Apparently the chairman regarded himself as constrained to make his order operative from the day of the date of the filing of the application for review. To be sure, at first blush, cursory reading might lead one to such conclusion. Broad
In the present case the manifest initial purpose was that Mr. Fennessey should be compensated at a stipulated weekly rate for total loss of capacity to work, while such loss continued. Only this, and nothing more. Good faith and fair play were as much expected of him as from his employer or the latter’s insurance carrier. And be it said to his credit that, his attention called to the matter, he assumed such attitude. It was open to him, when total disability had ceased or diminished, to file a petition for a review of the compensation carrying order. Of course he could waive compensation as fully and freely after it was granted as he might have foregone request therefor. It would seem consistent for him and his employer mutually to agree as to the time when his total disability ceased, and, so agreeing, to join in asking revokement of the compensatory order. It is not that the Legislature meant that payments should go on and on, and still on, in continuing duty on the one hand and right on the other, ranking higher in potency than the decree which brought both the duty and the right respectively into being, unless, and until, petition be filed for review. The term “compensation” by necessary implication spurns the suggestion. Compensation is not a gratuity; it is not charitableness. Compensation makes good a lack or .loss. Contention that the language, “shall order no change of the status” is of trammel
In accordance with the agreed facts, Mr. Fennessey’s right to compensation should have been terminated as of the date that total disability on his part ceased.
The appeal is sustained. The decree appealed from hereby is modified so as to be effective from June 5, 1920.
Appeal sustained.