Ackerson v. National Zinc Co.

Citations

• 96 Kan. 781
• 153 P. 530
• 1915 Kan. LEXIS 493

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Sufficient Notice of Accident to Employer. Ini an action to enforce compensation for an injury to an employee the employer can not be regarded to have been prejudiced by the failure of the employee to give him formal notice of the injury within ten „ days after it occurred where the foreman of the employer knew of'the accident when it happened and sent the employee to the employer’s physician who examined and treated him.</p> <p>2. Same — Sufficient Claim for Compensation Made under Workmen’s Compensation Act. An action was brought by an employee against his employer to recover damages for an injury sustained in the course of employment within three months after the accident occurred, and in his petition the employee alleged the nature of the injury, the extent of the disability, his earning capacity before the injury and the loss. resulting from it. Thereafter he amended his petition and asked for compensation for the injury sustained under the compensation act. Held, that the action as first brought, although irregular, served the purpose of the statutory requirement that the employee shall make a claim for compensation within three months after the accident.</p> <p>3. Same. It is unnecessary to make a claim or a demand of compensation when the adverse party denies any liability or where by reason of the acts and attitude of such party it would be unavailing if made.</p> <p>4. Same — Workmen’s Compensation Act — Methods of Obtaining Compensation. An averment that the employee had previously endeavored to have the compensation adjusted by agreement or by arbitration is not essential to the maintenance of an action to enforce compensation, and the statute does not require that an effort to agree on compensation or to procure it by arbitration is a prerequisite to the bringing of an action to enforce it.</p>