Legal Opinion

Pellett v. Industrial Commission

Wisconsin Supreme Court

Decided March 14, 1916PublishedCited by 17 opinions

Appeal from a judgment of the circuit court for Dane-county: E. Eat SteveNS, Circuit Judge. Action to set aside an award against the plaintiffs made by the Industrial Commission in favor of James Suffern, who-on July 29, 1914, sustained an injury while in their employ. Upon notice a hearing was had before the Commission in Manitowoc on August 28, 1914, and an award made.

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Appeal from a judgment of the circuit court for Dane-county: E. Eat SteveNS, Circuit Judge. Action to set aside an award against the plaintiffs made by the Industrial Commission in favor of James Suffern, who-on July 29, 1914, sustained an injury while in their employ. Upon notice a hearing was had before the Commission in Manitowoc on August 28, 1914, and an award made. Subsequently the matter was opened up at the request of plaintiffs, who had not received the notices of the hearing mailed them, due to their absence from, home, and a further hearing was had November 4, 1914, at which time…

1Opinion of the CourtViNJE, J.

Plaintiffs complain of the finding that they were not misled to their prejudice by the failure of the claimant to give them written notice of his injury as required by *598statute. There is evidence that the next day after claimant fell and was hurt he told one of his employers how he fell and that he was hurt and had gone to a doctor; that the employer told him he would pay the doctor’s bill, and some time later did pay $5; that within thirty days his employers paid him $2 for loss of time caused by the injury. Such evidence, in the absence of any evidence to show that they were misled, was…

2Cases cited5 opinions

  1. Laun v. KippWisconsin Supreme Court · 1914
  2. Hoenig v. Industrial CommissionWisconsin Supreme Court · 1915
  3. Boring v. OttWisconsin Supreme Court · 1909
  4. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Industrial CommissionWisconsin Supreme Court · 1913
  5. Uecker v. ThiedtWisconsin Supreme Court · 1909

3Cited by17 opinions

  1. Green Bay Packaging, Inc. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1976
  2. Bates & Rogers Construction Co. v. AllenCourt of Appeals of Kentucky · 1919
  3. General Accident Fire & Life Assurance Corp. v. Industrial CommissionWisconsin Supreme Court · 1937
  4. Ladish Malting Co. v. Wisconsin Department of RevenueCourt of Appeals of Wisconsin · 1980
  5. Page v. State Insurance FundIdaho Supreme Court · 1933

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