221 Mich. 599 | Mich. | 1923
This is certiorari to the department of labor and industry and brings for review, within the limits of such writ, an award compensating plaintiff for an injury he claims to have received on June 5, 1915, while in the employ of defendant. The commission determined that plaintiff was suffering disability in the sacro-iliac region, resulting from the accident. Defendant claims that plaintiff is malingering and offered quite convincing evidence in support thereof. There is some evidence, however, supporting the finding of the commission, and our review of the facts ends when such is the case. We have held this so often as to render citation of authorities unnecessary. The record discloses a rank fraud practiced by plaintiff to obtain compensation from defendant on the ground of total disability previous to the order in question, and while he was in fact working elsewhere and earning at least $6 a day.
On June 5, 1915, plaintiff claims he wrenched his body in steadying a ladder. He was then earning $13 a week in the employ of defendant. In February, 1916, he returned to his work for defendant and on April llth, that year, was paid $227.50, compensation for lost time, and he continued to so work until
“The examination consisted first in a statement from him as to his physical condition, an examination of the eyes, urine analysis, height and weight was taken, and his clothing was removed and he was examined from head to foot.” .
The report made by the physician at that time shows:
“That his physical condition and general appearance was good and that he was fit to do moderate work.”
From April 14, 1919, to November. 22, 1920, he was paid $2,669.25 by the Ford Motor Company.
April 16, 1920, plaintiff made affidavit that he had not worked for any other concern since the date of his injury, except the Detroit United Railway, and that since leaving defendant’s employ he had not been to work at all. This affidavit was absolutely untrue. Relying upon such affidavit defendant again entered into agreement to pay plaintiff $6.50 a week during total disability. This agreement was approved by the commission. Thereafter defendant' learned of plaintiff’s employment by the Ford Motor Company and in May, 1921, filed a petition with the commission to be relieved from the payment of any further compensa
Defendant contends that:
“Liability under the workmen’s compensation act resting solely upon contract (Wood v. Vroman, 215 Mich. 463), and it being obtained by a fraudulent act, there was not a good consideration for the promise as was said in Comstock v. Draper, 1 Mich. 481 (53 Am. Dec. 78).”
It is true that the workmen’s compensation act rests upon contract, but it is the contract of employment between employer and employee where the employer has elected to come under the act. It has no application to an agreement for compensation after an accident, and if it had, it would not help defendant for plaintiff seeks nothing under such agreement.
Plaintiff falsified when he made the affidavit mentioned and he again falsified when he represented in his petition to the commission on February 18, 1920, that he had done no work since October, 1918, and had been dependent upon the charity of his friends.
We are compelled, by the finding of the commission, and the law as it now stands, to affirm the award, with costs to plaintiff.