Halverhout v. Southwestern Milling Co.

Citations

• 97 Kan. 484
• 155 P. 916
• 1913 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>i. Workmen’s Compensation Act — Claim for Compensation before Commencing Action Rendered Unnecessary. Plaintiff was injured in defendant’s mill, and a doctor attended him before he was removed therefrom. A few days thereafter he called up the mill and told the timekeeper he wanted a settlement and wanted a doctor sent out, and was referred to the defendant’s main office. On calling there he was referred to the defendant’s attorneys and in a day or two a doctor was sent out. A little later he went with counsel to see the defendant’s attorneys about a settlement, which was discussed, but none was made. Shortly thereafter the action was brought which resulted in a lump-sum judgment. The answer admitted an injury and liability for compensation beginning at the end of the second week of the disability, and averred readiness to pay compensation and that the plaintiff had been notified thereof and refused to accept. Held, that the claim required by section 6 of chapter 216 of the Laws of 1913 to be made within three months after the accident was rendered unnecessary.</p> <p>2. Same — Judgment in Lump Sum. Rule followed that a lump-sum judgment was properly rendered.</p> <p>3. Same — Attempt to Settle by Agreement or Arbitration. Rule followed • that an attempt and failure by the plaintiff to settle by agreement or arbitration is not a condition precedent to maintaining an action.</p>