Silva
Silva v. Industrial Accident Commission
Opinion
Lead Opinion
Nourse, J.
On November 6, 1920, petitioner fell from a ladder to the floor sustaining fractures of two bones of his right foot. He was placed under the care of the physicians of the employers’ insurance company and weekly payments under the Workmen’s Compensation Act were begun. Controversy having arisen over the determination of his weekly wages the petitioner, on March 16, 1921, filed an application with the respondent Commission for an adjustment. A hearing was had and on May 21, 1921, the Commission entered its finding and award allowing the petitioner $20.83 a week until the termination of his disability. This decision contained a reservation to the effect that “permanent disability may result from the injury, in which event this commission will, upon request after the condition becomes stationary, take proceedings to determine same and amend the award accordingly.” The petitioner did not avail himself of this privilege, but on November 22, 1921, he compromised the entire claim with the insurance carrier for the lump sum of $1,000 in addition to the sum of $1,106.82 which had theretofore been paid to him by the insurance carrier. In the agreement for a compromise the petitioner gave as…