Opinion
No. 12,868.
Filed May 17, 1927. Rehearing denied July 1, 1927. Petition for transfer dismissed February 22, 1928.
1. MASTER AND SERVANT — Workmen's Compensation — Increase — Question of Fact. — A claim by an injured employee who had been awarded compensation under the Workmen's Compensation Act for increased compensation on account of changed conditions involves a question of fact for the exclusive determination of the Industrial Board. p. 96.
2. MASTER AND SERVANT — Workmen's Compensation — Finding of Board — Evidence. — Where a finding of the Industrial Board that a claimant's disability had not recurred nor increased since the award theretofore made is supported by the evidence, the action of the board will be affirmed. p. 96.
From Industrial Board of Indiana.
Application of Mike Galkowski for an increased of compensation under the Workmen's Compensation Law because of changed conditions, opposed by the Hubbard Steel Foundry Company, employer. From an order of the Industrial Board denying the claim, the claimant appeals. Affirmed. By the court in banc.
D.P. Sevald, for appellant.
Slaymaker, Turner, Merrill, Adams Locke, Paul E. Beam and Chester D. Ihrig, for appellee.
This is an appeal from the action of the Industrial Board in denying appellant's claim for compensation on account of an alleged change in conditions.
The question as to whether or not there had been such a change in appellant's condition as would entitle him to a change in the award of compensation theretofore made involved a 1, 2. question of fact for the determination of the Industrial Board. Upon the hearing before the full Industrial Board, there was a finding that appellant's disability had not recurred, nor had the same increased, since the time of the previous hearing and award. With that finding, which is supported by the evidence, the board could do nothing other than deny the application.
The award is, therefore, affirmed.