Corvi v. J. R. Crowe Coal & Mining Co.

*245The opinion of the court was delivered by

Burch, J.:

The proceeding was one to obtain review and modification of an award of compensation which had previously been twice reviewed and modified. Plaintiff prevailed, and defendant appeals.

Plaintiff was injured in June,. 1920. Arbitration was agreed to, and an award was made of compensation for total incapacity to perform labor which had continued until the hearing, and for partial incapacity which would probably continue until June 16,1921. Defendant paid the installments of the award as they fell due, and on June 20, 1921, gave plaintiff a check…