Llewellyn Iron Works v. Industrial Accident Commission

ARCHBALD, J.,

pro tem.

On December 21, 1922, respondent E. J. Crider, while employed by petitioner, sustained an injury during the course of such employment. Subsequently, on December 19, 1923, respondent Commission awarded Crider compensation for such injury. On August 29, 1927, the Commission amended its findings and award theretofore made by making new findings of 100 per cent disability, with the following additional compensation: $500 for medical, hospital and nursing services, payable forthwith, “and the further sum of $15.00 weekly beginning March 4, 1927, and continuing indefinitely and until the termination of the need for said nursing services”.

Petitioner paid such additional nursing charge to May 8, 1931, and no more. On August 5th of that year respondent Crider filed his petition with the Commission for an order compelling Llewellyn Iron Works to reimburse him for nursing services since May 8, 1931, at the rate of $15 per week, and to continue to pay such sum in accordance with said order of August 29, 1927. The answer of Llewellyn Iron Works to such petition alleged as a defense that Crider had not been in need of nursing services since the date mentioned. The taking of testimony on the issue thus raised was finished December 29, 1931, and the matter was by the referee submitted on briefs to be thereafter filed. On March 3, 1932, the decision of the referee denying the relief prayed for was approved and made the decision of the Commission. May 4, 1932, the Commission filed a document entitled “Decision on Defendant’s petition for rehearing filed March 23, 1932,” in which it finds that the order of March 3 “was null and void and beyond the jurisdiction of the commission”; that it “is void on its face and that it is not necessary to grant defendant’s petition for rehearing ... or to act on said petition for rehearing within 30 days after the date of filing said petition”; that “the need for nursing services as heretofore found in the decision rendered herein on August 29, 1927, still continues”; that “the said award made and filed herein on August 29, 1927, is still in force and effect and requires

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no supplemental orders that it be continued”, and “that the period of 245 weeks having elapsed since the .date of the injury herein, this commission has no jurisdiction to rescind, alter or amend the decision herein”. It was then ordered (1) that the relief requested by defendant in his petition for a rehearing be granted, and (2) the order of March 3, 1932, was annulled as of the same date. On May 24, 1932, said Llewellyn Iron Works filed its petition for a rehearing of the order of May 4, which petition was denied by the Commission June 14, 1932.