237 N.W. 369 | Mich. | 1931
Plaintiff was injured while in the defendant's employ by falling from a box car across *150 the rails of a railroad track. He was awarded compensation at the rate of $14 a week. Subsequently defendant's compensation manager made an agreement with plaintiff to pay him a lump sum in full settlement, based upon the allowance of compensation for the statutory period at $3.43 a week. Plaintiff signed at one time the settlement, petition for its approval, and final settlement receipt. The settlement was approved by the department of labor and industry. The lump sum was paid to plaintiff and his final receipt therefor filed and approved by the department. Plaintiff subsequently filed an application for further compensation, which application was denied because of a final settlement made, carried out, and approved. Plaintiff then filed the bill of complaint herein to set aside the settlement, award, and final receipt on the ground they were procured from him by and through the fraud of defendant's agent. From a decree for plaintiff, defendant appeals.
The department of labor and industry has no power to grant a rehearing of its determinations. Martilla v. Quincy Mining Co.,
A court of equity may relieve against a settlement, petition to the board for its approval, award based thereon, and a final settlement receipt procured by fraud. Smith v. Port Huron Gas Elec. Co.,
BUTZEL, C.J., and WIEST, CLARK, McDONALD, SHARPE, NORTH, and FEAD, JJ., concurred. *152