Stefan v. Red Star Mill & Elevator Co.

Citations

• 106 Kan. 369
• 187 P. 861
• 1920 Kan. LEXIS 521

Syllabus

<p>SYLLABUS BY THE COURT,</p> <p>1. Compensation Act — Injury—Refusal of Employer to Arbitrate. The facts considered, and held, the conduct of an employer was equivalent to refusal to consent to arbitration, and authorized the workman to resort to action to recover compensation.</p> <p>2. Same — Injury—Permanent Loss of Use of Eye. The facts considered, and held, the plaintiff suffered permanent loss of the use of an eye as the direct result of injury, within the meaning of pertinent provisions of the workmen’s compensation act.</p> <p>3. Same — Injury—Elements of Proper Compensation. In addition to the loss of an eye, the plaintiff suffered permanent partial disability on account of partial paralysis of one side of his body. Held, he was entitled to additional compensation.</p> <p>4. Same — Methods of Computing Compensation. Provisions of the workmen’s compensation act relating to amount of compensation interpreted, and methods of computing the plaintiff’s compensation stated.</p> <p>5. Same — Trial—No Prejudicial Error. Various assignments of error considered, and held to be without substantial merit.</p>