Sillix v. Armour & Co.

Citations

• 99 Kan. 426
• 162 P. 278

Syllabus

<p>SYLLABUS BY THE COURT.'</p> <p>1. Compensation Act- — Injuries—Dispute as to Claim for Damages — Action Maintainable. It is not necessary in order to constitute a dispute between the parties that the employee,should state in precise terms just what he demands, or that the claims of either party be stated succinctly and in detail, provided there be a lack of agreement or arbitration. The employer may admit the injury and his liability generally under the compensation act, but if he and the injured employee do not agree as to the nature and extent of the injuries, so far as these things affect the duration of the disability, and the differences between them are not submitted to arbitration, a dispute exists which authorizes the employee to maintain an action to have the facts determined.</p> <p>2. Same — Dispute—Right of Action — Defendant’s Answer — Estoppel. Where the employer raises by his answer the question of the duration and extent of the workman’s incapacity, and offers evidence in support of such answer, he can not be heard to say that there was no dispute at the time the action was commenced.</p>