Roberts v. Charles Wolff Packing Co.

Citations

• 98 Kan. 750
• 160 P. 221
• 1916 Kan. LEXIS 184

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — Judgment in Lump Sum — Application to Modify Judgment — Statute of Limitations. Where a lump sum judgment has been rendered under the workmen’s compensation act, an application by the defendant to modify it, because subsequent developments show that the impairment of the plaintiff’s earning capacity was not so great as found by the jury, is in the nature of a petition for a new trial on the ground of newly discovered evidence, and can not be entertained unless made within one year.</p> <p>2. Same — Time to File Application to Modify Judgment 'Not Extended by Appellate Proceedings. Where on appeal such judgment is modified by applying a different method of computation, and as so modified is affirmed,, the proceedings in this court do not extend the time within which such application could be made.</p> <p>3. Same — Provision of Workmen’s Compensation Act Construed. The provision of the workmen’s compensation act, authorizing a subsequent increase or decrease in the amount allowed, applies only to proceedings based on agreement or arbitration.</p>