Gailey v. Peet Bros. Manufacturing Co.

Citations

• 98 Kan. 53
• 157 P. 431
• 1916 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — Personal Injuries — Incapacity to Perform Labor. Under the workmen’s compensation act (Laws 1911, ch. 218, Laws' 1913, ch. 216) an employee who, as a result of an injury to his fingers, can not tightly close them in his hand, and is théreby rendered less able to perform his work, is partially incapacitated from performing labor.</p> <p>2. Same — Injured Servant Remaining in Employment of Master — No Estoppel. An employee partially incapacitated by an injury from performing his labor does not lose his right to compensation under the workmen’s compensation act by remaining in the employment of his master at his former wages.</p> <p>3. Same — Injuries—Claim for Compensation. Under the workmen’s compensation act, any statement, oral or written, made within the proper time, by which the injured employee makes it known to his employer that he is claiming compensation, is sufficient to comply with the statute.</p> <p>4. Same — Deductions for Amount Received During Workman’s Incapacity —Instructions. Under the workmen’s compensation act, a claim of error in rendering judgment without allowing the defendant for payments which the workman may have received from the employer during his period of incapacity is unavailing where the employer does not request an instruction to the jury covering that question and it does not appear that the allowance was not made.</p>