Opinion
File No. 8386.
Opinion filed April 29, 1941.
Rehearing Denied June 12, 1941.
Workmen's Compensation.
Where final settlement agreement, receipt, and release was duly filed with industrial commissioner and was not disapproved within 20 days, and where final payment was made thereunder, commissioner, had no jurisdiction to reopen and review such agreement, receipt and release.
Appeal from Circuit Court, Minnehaha County; Hon. Lucius J. Wall, Judge.
Proceeding under the Workmen's Compensation Law by Loyal T. Nilsson, claimant, opposed by Harry J. Krueger and others, doing business as Krueger's Cash Fruit Company, employers, and the Maryland Casualty Company, insurer. From a judgment affirming an award for claimant, the employers and insurer appeal.
Reversed.
Frank P. Nuelle, Bailey, Voorhees, Woods Bottum, and H.L. Fuller, all of Sioux Falls, for Defendants-Appellants.
T.R. Johnson, of Sioux Falls, for Plaintiff-Respondent.
A certain instrument entitled "Final Compensation Settlement Receipt" was signed by the claimant April 25, 1936. The consideration was the sum of $490. This settlement agreement, final receipt, and release was received by the Industrial Commissioner in May, 1936, and thereafter no notice of disapproval of agreement of settlement was given by the Industrial Commissioner. Under the terms of the final receipt, payment was made in final settlement and satisfaction of all claims for compensation. This case is ruled by the opinion of this court in the case of Chittenden v. Alf. F. Jarvis et al., 297 N.W. 787. Opinion filed April 29, 1941.
The judgment appealed from is reversed.
All the Judges concur.