Sims v. Eberhardt Construction Co.

Citations

• 111 Kan. 179
• 206 P. 878
• 1922 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Compensation Act — Reference — Referee’s Report — Discretion of Trial Court. After an action was begun for compensation, a referee was appointed by consent of the parties, to “make findings of fact and conclusions of law subject to the approval of the court.” Held, that after the referee’s report came in the court had discretion to take additional testimony and approve, modify or set aside such report.</p> <p>2. Same — Permanent Partial Disability — Incompetent Evidence. In a compensation case involving permanent partial disability it was not proper to receive testimony of various business men that they had no positions to offer the plaintiff.</p> <p>3. Same — Partial Disability — Measure of Damages. Under section 3, chapter 226, Laws of 1917, plaintiff was entitled to receive during his partial disability not exceeding 8 years, 60 per cent of the difference between what he had been earning before and what he could earn thereafter (not less than $6 a week), and a lump-sum judgment therefor could not be diminished by 20 per cent so as to award only its present worth.</p> <p>4. Same. Such sum cannot be determined without ascertaining the amount of such earnings.</p>