269 N.W. 236 | Mich. | 1936
George Stetu suffered a compensable injury on October 28, 1927, and was awarded compensation at $18 per week. On returning to work on December 13, 1927, he signed a settlement receipt which never was approved in any other manner than by general order No. 30. He again left the employ of defendant in the summer of 1929, and did not return except for two days in February, 1935. On April 15, 1935, he filed a petition for further compensation stating that since on or about July 15, 1929, he had been totally disabled on account of internal injuries received in the accident. The deputy commissioner to whom the petition was referred awarded compensation in the sum of $18 per week for total disability from January 1, 1932, to May 16, 1935, and thereafter until the further order of the department. Defendant filed application for review before the department. On September 5, 1935, six days before the hearing on appeal to the department had been set, Stetu died. The widow promptly filed a motion to add or substitute Veronica Stetu, *470 widow and administratrix, as party plaintiff. The department made no order on the latter motion, but on December 18, 1935, entered an order dismissing the appeal. All parties have appealed from this order.
In Stone v. Smith,
Appellant Ford Motor Company claims that compensation affects only two classes of persons, employers and employees, or in the event of the latter's death, their dependents. Munson v.Christie, 270 *472
Further claim is made that as the right to compensation is wholly statutory and that there is no contract relation, upon the death of an employee a claim for accrued compensation does not survive. Crane v. Leonard, Crossette Riley,
The award heretofore made is modified and the case remanded to the department for the purpose of review, in accordance with defendant's claim, the respective parties having full right to be heard and to introduce such additional evidence as the department in its discretion may allow, as provided by 2 Comp. Laws 1929, § 8450. Plaintiff's administratrix will recover costs.
NORTH, C.J., and FEAD, WIEST, BUSHNELL, SHARPE and TOY, JJ., concurred. POTTER, J., took no part in this decision. *473