Delaney v. Philadelphia Coal & Iron Co.

Citations

• 272 Pa. 578
• 116 A. 537
• 1922 Pa. LEXIS 872

Syllabus

<p>Workmen’s compensation — Mi/nors—Agreement.</p> <p>1. A party who has voluntarily agreed to accept from defendant compensation for injuries, calculated in a particular way, and has received and retained the money paid in accordance therewith, cannot thereafter prosecute a suit to recover additional compensation for the same injuries.</p> <p>2. Having agreed to and received compensation in the manner provided by the Workmen’s Compensation Act, an injured party waives all right to recover by any other method.</p> <p>. 3. Though a minor cannot be compelled to accept compensation under the Workmen’s Compensation Act, if he was injured while engaged in work in express violation of a statute, he may nevertheless voluntarily do so, and if he does he cannot afterwards maintain an action of trespass to recover damages for the same injuries.</p> <p>4. A minor who has sustained injuries in the course of his employment, may agree to receive from his employer the compensation provided by the Workmen’s Compensation Act, and if he does so with the approval of the board, he and his parents will be bound thereby, unless the agreement is modified or set aside by a supplemental agreement approved by the board, or because it is proved to the satisfaction of the board that the agreement was procured by fraud, coercion or other improper conduct of the employer.</p> <p>5. Lincoln v. National Tube Co., 268 Pa. 504, distinguished.</p>