Casebeer v. Carbon Coal Co.

Citations

• 110 Kan. 728
• 205 P. 626
• 1922 Kan. LEXIS 137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Injuries—Consent to Arbitration — Filing of Award— Estoppel. The defendant, having consented to the appointment of an arbitrator under the workmen’s compensation act and having appeared before him without objection and tried the matter, cannot now be heard for the first time to impeach the award because not filed within sixty days from the appointment.</p> <p>2. Same — Notice of Injury — Objection Thereto Raised Too Late. The application for appointment having alleged proper notice of the injury and demand for compensation and no objection for lack of proof thereof being made in the court below, none will be heard now.</p> <p>3. Same — Injury Arose in Course of Employment. The evidence examined and held fairly to support the conclusion that the injury arose out of and in the course of the employment.</p>