214 N.W. 765 | Minn. | 1927
The relator, an employe, was injured August 27, 1921, by contact with high tension electric wires. Compensation was paid to October 10, 1921, when he returned to his work. On December 1, 1921, he submitted to an operation for the removal of a diseased gall bladder. About February 27, 1922, he made complaint to the commission and on March 17, 1922, a claim petition was filed and issue framed by an answer of the employer and insurer. A stipulation of settlement for $500 was approved by the commission April 25, 1922.
On June 12, 1924, a petition for rehearing was filed. On July 3, 1924, the employer and insurer filed an answer thereto. No action was taken to have the order of September 15, 1924, denying the petition reviewed. About August 1, 1926, relator again petitioned the commission for a rehearing and was heard on October 25, 1926. The petition alleged the historical facts and showed that the employe had gradually grown worse and was in a critical condition and wholly incapacitated for work. Affidavits of three physicians attributed his condition to the injury. The respondents denied that the injury caused the present condition of the employe. The order of December 8, 1926, denying the application is before us.
The compromise settlement with the approval of the commission was the equivalent of an award. When this application was presented and denied no judgment had been entered, under G.S. 1923, § 4318, nor had any writ of certiorari been issued by this court. Whether the rehearing should have been granted rested in the discretion of the commission. G.S. 1923, § 4319. Stippel v. Charles *48
Friend Son,
Affirmed.
