Kellogg v. Shute and Lewis Coal Company

-On June 17, 1955, plaintiff while driving mule in connection with his employer’s mining operation broke his leg when it was caught between a mine prop and a loaded coal ear. Soon thereafter defendant-insurance carrier entered into a Memorandum of Agreement with him, providing for payment of maximum weekly benefits of $28 per week for a “leg injury.” Pursuant thereto defendants paid him $3584 and in addition thereto paid medical expenses of $3455.37.

July 18,1959, pursuant to section 86.34, Code of 1954, plaintiff-claimant filed his application for review-reopening which states:

“Injury…