178 Iowa 512 | Iowa | 1916
The abstract states, in general terms, that there was a hearing before the board of arbitration to consider a claim presented by plaintiff against his employer, the defendant, under the provisions of the Workmen’s Compensation Act; that the board found and returned that the plaintiff was entitled to such compensation at the rate of $8.15 per week for the period of 100 weeks, and ordered the fees of arbitrators and all other costs to be paid as by statute provided. It is further stated that thereafter, defendants presented to the Industrial Commission a petition for review,
It is to be said at the outset that the abstract, though alleged to contain the entire record, is so fragmentary and incomplete as to render any review of the proceedings extremely unsatisfactory. We shall, however, briefly consider the three alleged errors assigned for a reversal.
I. It is said that the decree permits the plaintiff to recover • weekly compensation from the date of his injury, when the statute provides that such allowance shall begin on the fifteenth day after the injury. This conelusion is reached by taking tne gross amount allowed for accumulated unpaid installments and dividing it by the weekly rate, which process, counsel say, will show the correctness of their claim. We do not stop to apply the test. The proceedings under the Workmen’s Compensation Act are, and
II. It is next argued that, as the full amount of $8.15 per.week was made subject to reduction if plaintiff’s condition should improve sufficiently to enable him to earn part wages, the court should have inquired and ascertained whether his earning capacity had not been restored, wholly or partially. This contention involves a misconstruction of the egeet judgment. And, again, this objection was not raised in the lower court. If defendant shall claim at any time that plaintiff has in fact recovered his earning capacity wholly or in part, it is doubtless open to him to secure a modification of the weekly allowance by applying to the commissioner and establishing the fact asserted by him. It cannot be supposed that the commissioner, in modifying the award, intended that plaintiff must, before
So far as the matter of taxation of costs is concerned, the record discloses no motion for their re-taxation, and we will not further look into the record on that subject.
The decree of the district court and the rulings complained of are — Affirmed.