Duncan ex rel. Duncan v. Kansas City Packing Box Co.

Citations

• 110 Kan. 494
• 204 P. 543
• 1922 Kan. LEXIS 81

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Offer to Arbitrate by Employee — Refusal by Employer —Employee’s Right of Action. The plaintiff, seeking compensation for an injury, sent a letter to his employer that he objected to submitting his claim to any committee and that “unless you do within ten days consent in writing to arbitration as hereinbefore set out” he would take as true such failure as being a refusal to consent to arbitration. The employer, although in the same city, paid no attention to the letter, and after some fifteen days the employee sued. Held, that he had a right to maintain an action without applying for the appointment of an arbitrator.</p> <p>2. Same — Finding—Injuries Received in Course of Employment. The testimony held sufficient to support the findings of the jury that the plaintiff’s injury was in the course of and arose out of his employment.</p> <p>3. Same — Amount of Recovery. Following Stefan v. Elevator Co., 106 Kan. 369, 187 Pac. 861, it is held that the recovery was not limited to sixty per cent of the difference between what the plaintiff was earning and could earn but was properly fixed at the statutory minimum of $6 a week.</p>