71 Ind. App. 245 | Ind. Ct. App. | 1919
— On April 1, 1917, the appellee received an injury by accident while at appellants’ industrial plant. Thereafter appellants’ insurance carrier made an investigation of the matter and reported to appellant that appellee was in the .employment of appellant at the time of the accident; that appellee’s injury arose in the course of the employment ; and that his average weekly wage at said time was $35. On November 5, 1917, the parties hereto entered into an agreement as to compensation under §57 of the Workmen’s Compensation Act. Acts 1915 p. 392, §80201 et seq. Burns ’ Supp. 1918. This agreement was signed also by the insurance carrier, and was filed with and approved by the Industrial Board. Pursuant to the agreement, appellant paid the medical, hospital and surgical expenses occasioned by the injury, and also compensation aggregating $435.60. On August 2, 1918, appellant filed its verified petition to set aside the agreement on the ground (1) that it was entered into by reason of mutual mistakes of fact, and (2) that it does not fully comply with the statute.
The particular defect which appellant claims constitutes an incompleteness is that it provides compensation for the period of total disability only, and. fails to make any provision for compensation for any period of partial disability which may ensue.
After hearing the evidence, the board found that there was no mistake, refused to set aside the agreement, and ordered appellant to resume payments thereunder.
We have considered the evidence carefully, and we find that it tends fairly to support the decision of the board with respect to the alleged mistakes.
The action of the Industrial Board is affirmed.