Goodwin v. Cudahy Packing Co.

Citations

• 104 Kan. 747
• 180 P. 809
• 1919 Kan. LEXIS 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act- — Injury to Workman — Failure to Apply for Appointment of Arbitrator — A etion for Compensation Maintainable. In an action for compensation the following facts were established: The plaintiff attempted to settle compensation by agreement. He consented to arbitration. He served notice he would not arbitrate before the establishment committee, representative of employer and workmen. The defendant refused to arbitrate except before that committee. The ' plaintiff made no application to the judge of the proper court for appointment of an arbitrator to settle the matter. Held, construing sections 10, 11, 12 and 20 of chapter 226 of the Laws of 1917, the action was maintainable, notwithstanding the plaintiff’s omission to apply for appointment of an arbitrator.</p> <p>2. Same — Injury Ascertainable by Objective Examination — Lump-sum Judgment. The evidence considered, and held, the workman’s injury was ascertainable by objective examination within the meaning of section 20 of chapter 226 of the Laws of 1917, providing that in no case shall a lump-sum judgment be rendered for any injury not ascertainable by objective examination.</p>