Wilson & Co. v. Ward

Citations

• 110 Kan. 177
• 202 P. 862
• 1921 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Agreement to Arbitrate — Action to Set Aside Award of Arbitrator. In an action, by an employer to set aside an award of an arbitrator under the workmen’s compensation act, the court'found that the cause of claimant’s disability' did not arise out of or in the course of her employment, but held that because the employer had agreed to arbitrate and appeared before the arbitrator it was not within the power of the court to cancel the award. The court further found that at the time of the review the claimant was capable of earning at least twelve dollars per week in some suitable employment, and awarded her the minimum amount of six dollars per week for 416 weeks, payable as her wages were payable. Held (following Goodwin v. Packing Co., 104 Kan. 747, 750, 180 Pac. 809; Boyd v. Mining Co., 105 Kan. 551, 185 Pac. 9; Royer v. Hammer, 106 Kan. 374, 187 Pac. 858), that while the employer was not estopped by consent to the arbitration, the provisions of the statute limiting the scope of an arbitrator’s decision prevents the employer from obtaining any other relief than that granted by the court.</p> <p>2. Same — Arbitration—Consent—Scope of Arbitration. Under the provisions of section 11, chapter 226, Laws of 1917, “unless such consent or order of appointment expressly refers other questions, only 'the question of the amount of compensation shall be deemed to be in issue.” Whatever issues are referred, the decision of the arbitrator upon them is final, except for the limited review provided in the statute.</p> <p>3. Same — Scope of Court’s Power Over Arbitration. The statute does not attempt to limit the scope of the inquiry which the court may make in determining whether there has been fraud, undue influence, or misconduct upon the part of the arbitrator, or whether the award be grossly excessive, or grossly inadequate, or whether there has been an increase or decrease of disability.</p> <p>4. Same — Excessive Award of