Chase v. Emery Manufacturing Co.

Citations

• 271 Pa. 265
• 113 A. 840
• 1921 Pa. LEXIS 493

Syllabus

<p>Workmen’s compensation — -Course of employment — Traveling salesman.</p> <p>1. A traveling salesman, who must frequently perform obliging services not strictly relating to the sale of commodities entrusted to himl but which aid such sales, will be deemed to have been injured in the course of his employment, if it appears that he was run down by an automobile while doing a personal favor to a customer to whom he had shortly before made a sale.</p> <p>Workmen’s compensation — rAgreement between employer and employee — Fixing liability on insurance carrier.</p> <p>2. An agreement between an employer and an injured employee to file a complaint under the Workmen’s Compensation Act, is not improper, because the purpose of the agreement was to fix liability on the insurance carrier.</p> <p>Workmen’s compensation — Payments by employer — Limitations —Estoppel—Appeal—Section S15 of Act June 8, 1915, P. L. 7S6.</p> <p>3. Where an employer has agreed, whether in writing or not, to make payments to an injured employee under the Workmen’s Compensation Act, the limitation of one year provided by section 315 of the act, will begin to run from the last páyment; but this limitation does not apply to the right of review.</p> <p>4. It must clearly appear in such case that the amounts were paid and received as compensation for injury or death, • and not as wages for employment.</p> <p>5. Where an injured employee has received certain payments from his employer, some of which were for compensation and some as a gratuity, he may file a petition for compensation at any time within one year from the last payment, against the employer and insurance carrier.</p> <p>6. If in such case it appears that the employer made no defense and that the insurance carrier intervened and objected at every step in the proceedings, the latter is in court by its voluntary act, and, after a decision against it, is estopped from claiming to be a stranger to the record.</p> <p>7. An award, in such ease, made