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Trehern v. Grafe Auto Co.

232 Miss. 854 (Miss. 1958)
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Trehern v. Grafe Auto Co.

18 Citing cases

  1. Barr v. Conoco Chemicals, Inc.

    412 So. 2d 1193 (Miss. 1982)   Cited 6 times

    Graeber Bros., Inc. quoted numerous cases from other jurisdictions wherein the same holding was expressed. Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786 (1958) stated: It is our opinion that the legislature of Mississippi intended to put some limit on the time when a claim for medical benefits could be filed and it seems reasonable to us that they intended to put the same limit as they did put on a claim for compensation. Under this view the judgment of the lower court must be affirmed. If the Legislature intended to put a different period of limitation on the recovery of medical expenses, they should amend the compensation act and put such period on it as they think is fair and just. [232 Miss. at 859-860; 100 So.2d at 788-789].

  2. Speed Mechanical, Inc. v. Taylor

    342 So. 2d 317 (Miss. 1977)   Cited 9 times
    In Speed, at 320, we noted that there were not latent or unknown aspects to Taylor's injury. Taylor had received serious mouth injuries more than two years prior to filing for workmen's compensation benefits under the statute.

    Ingalls Shipbuilding Corp. v. Byrd, 215 Miss. 234, 60 So.2d 645 (1952), held an employee's claim for medical expenses barred by his failure to seek payment as required by the statute. Language in Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786 (1958), is pertinent: Section 6998-18 [now Β§ 71-3-35] in paragraph (a) puts a limitation of two years on all claims, but nowhere in the compensation act is there any specific limitation on claims for medical benefits.

  3. Sanders v. Walker Construction Co.

    251 Miss. 352 (Miss. 1964)   Cited 12 times
    In Sanders v. B.E. Walker Construction Company, 251 Miss. 352, 169 So.2d 803 (1964), and Dillingham Manufacturing Company v. Upton, 252 Miss. 281, 172 So.2d 766 (1965), the Court committed itself to the proposition that apportionment did not apply until the date of the attorney-referee's order.

    The Commission and Circuit Court erred in not apportioning medical benefits. Gibbs v. Bass, 237 Miss. 823, 116 So.2d 542; Graeber Brothers v. Taylor, 237 Miss. 691, 115 So.2d 735; Grubbs v. Revell Furniture Co., 234 Miss. 319, 106 So.2d 390; Harris v. Bechtel Corp., supra; Lindskog v. Rosebud Mines, supra; Shainberg's Black White Store v. Prothro, 238 Miss. 444, 118 So.2d 862; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786.

  4. Turnage v. Lally's Swimming Pool Co.

    247 Miss. 713 (Miss. 1963)   Cited 2 times
    In Turnage, the carrier paid all of Turnage's hospital and accrued medical expenses that he incurred prior to the filing of the Form B-31.

    B. The employer and carrier are estopped from invoking the statute of limitations on the appellant's claim. Collation of authorities: Buecker v. Roberts (Mo. App.), 200 S.W.2d 529; Dixon v. Green, 240 Miss. 204, 127 So.2d 662; Graeber Brothers Inc. v. Taylor, 237 Miss. 691, 115 So.2d 735; Grubbs v. Revell Furniture Co., 234 Miss. 319, 106 So.2d 390; Hale v. General Box Manufacturing Co., 228 Miss. 394, 87 So.2d 679; Moss v. Stanbridge, 215 Ala. 237, 110 So. 17; Pepper v. Barrett, 225 Miss. 30, 82 So.2d 580; Pine v. State Industrial Comm., 148 Okla. 200, 78 A.L.R. 1287; Reynolds Metal Co. v. Brumley, 226 Ark. 388, 290 S.W.2d 211; Shainberg's Black White Store v. Prothro, 238 Miss. 444, 118 So.2d 862; Thomas v. Baker-Lockwood Manufacturing Co., 236 Mo. App. 1248; 163 S.W.2d 117; Townsley v. Miami Roofing Sheet Metal Co. (Fla.), 79 So.2d 785; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786; Sec. 6998-27, Code 1942; Mississippi Workmen's Compensation Act, Sec. 28(b); 56 Am. Jur., Waiver, Sec. 24 p. 126; 58 Am. Jur., Workmen's Compensation, Sec. 413; Annos. 15 A.L.R. 2d 525, 24 A.L.R. 2d 1437. Lawrence W. Rabb, Meridian, for appellee.

  5. J.H. Moon Sons v. Hood

    144 So. 2d 782 (Miss. 1962)   Cited 13 times
    In J.H. Moon Sons v. Hood, 244 Miss. 564, 144 So.2d 782 (1962), this Court was presented with the question of whether the 20% penalty should be imposed on medical benefits.

    There is no liability for the payment of medical expenses accruing after the compensation period of 450-weeks, or the amount of $8600.00 has been exhausted. Bedard v. Public Service Commission (N.H.), 156 A.2d 722; J.F. Crowe Well Servicing Contractor v. Fielder, 224 Miss. 353, 80 So.2d 29; Meuse's Case, 262 Mass. 95, 159 N.E. 636, 270 Mass. 29, 169 N.E. 517; Simpson's Case, 144 Maine 162, 66 A.2d 417; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786. II. Payment of a maximum award pursuant to a Commission order under Section 13 (j) for a full lump sum settlement, and without any reservation, fully discharges the liability of the employer and carrier to claimant.

  6. Shainberg's B. W. Store v. Prothro

    118 So. 2d 862 (Miss. 1960)   Cited 10 times

    II. The findings of the Attorney-Referee and the full Commission were supported by substantial evidence and were not against the great weight of the evidence and should, therefore, have been affirmed. Collation of authorities: Carter v. Wrecking Corp. of America, 234 Miss. 559, 107 So.2d 116; Graeber Bros., Inc. v. Taylor, 237 Miss. 691, 115 So.2d 735; Grubbs v. Revell Furniture Co., 234 Miss. 319, 106 So.2d 390; Hale v. General Box Mfg. Co., 228 Miss. 394, 87 So.2d 679; H.C. Moody Sons v. Dedeaux, 223 Miss. 832, 79 So.2d 225; James F. O'Neil, Inc. v. Livings, 232 Miss. 118, 98 So.2d 148; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786; Secs. 6998-19(g), 6998-27, Code 1942. Wm. J. Threadgill, Columbus, for appellee.

  7. Gibbs v. Bass

    116 So. 2d 542 (Miss. 1959)   Cited 8 times
    In Gibbs v. Bass, 237 Miss. 823, 116 So.2d 542 (1959), claimant was permanently and totally disabled, requiring medical treatment for the remainder of his life. He petitioned the Commission for an adjudication of his right to receive medical attention for such period as the nature of the injury may require.

    Arrington Arrington, Hazlehurst, for appellant. I. The court below erred in dismissing appellant's claim and in failing to find and adjudicate that the appellant was entitled to the medical benefits provided for by the Mississippi Workmen's Compensation Act for the balance of his natural life, insofar as medical expenses to be incurred by him were occasioned by the injury he received on December 9th, 1949, which was a compensable injury under the Mississippi Workmen's Compensation Act; and in failing to order the appellees to pay any and all future medical expenses incurred by appellant, occasioned by the injury he received on December the 9th, 1949. Lindsey v. Ingall's Shipbuilding Corp., 219 Miss. 437, 68 So.2d 872; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786; Sec. 6998-08, Code 1942. Rae Bryant, Gulfport, for appellees.

  8. Graeber Bros., Inc. v. Taylor

    115 So. 2d 735 (Miss. 1959)   Cited 18 times
    In Graeber payment of medical expenses by the insurance carrier and employer was held to toll the one-year statute of limitations, which provides for reopening a claim at any time within one year after date of "the last payment of compensation."

    Ala. 163, 36 So.2d 513; Irvine v. Perry (Idaho), 299 P.2d 97; J.F. Imbs Mill Co. v. Industrial Comm., 324 Ill. 416, 155 N.E. 380; Ketchell v. Wilson Co., 138 Kan. 97, 23 P.2d 488; Lutman v. American Shoe Machinery Co. (Mo.), 151 S.W.2d 701; Marshall v. Pletz, 317 U.S. 383, 87 L.Ed. 348; Martenson v. Shutte Lbr. Co. (Mo.), 162 S.W.2d 312; Moss v. Stainbridge, 215 Ala. 237, 110 So. 17; Oklahoma Furniture Mfg. Co. v. Nolen, 164 Okla. 213, 23 P.2d 381; Reynolds Metals Co. v. Brumley (Ark.), 290 S.W.2d 211; Richardson v. National Refining Co., 136 Kan. 724, 18 P.2d 131; Rogers v. Solem, 103 Colo. 52, 83 P.2d 154; Royal Indemnity Co. v. Industrial Comm., 293 P. 342; Rupp. v. Jacobs, 149 Kan. 712, 88 P.2d 112; Shank v. Consolidation Coal Corp., 161 Pa. Sup. 304, 54 A.2d 289; Slauson v. Standard Oil Co., 29 F. Supp. 497; Sprague v. Spencer (N.Y.), 14 N.Y.S.2d 673; Thomas v. Lockwood Mfg. Co., 236 Mo. App. 1248, 163 S.W.2d 117; Townsley v. Miami Roofing Sheet Metal Co. (Fla.), 79 So.2d 785; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786; United States Fidelity Guaranty Co. v. Industrial Accident Comm., 195 Cal. 577, 234 P. 369; Western Union Tel. Co. v. Smith, 50 Ga. App. 585, 178 S.E. 472; Wolgamott v. Vinegar Hill Zinc Co. (Kan.), 99 P.2d 755; Yellow Cab Co. v. Industrial Comm., 315 Ill. 235, 146 N.E. 160; Secs. 6998-02(10), 6998-18, 6998-19(g), 6998-27, Code 1942; 2 Larson's Workmen's Comp. Law, Sec. 78.43(b) p. 270. HALL, J.

  9. Thyer Manufacturing Co. v. Keys

    235 Miss. 229 (Miss. 1959)   Cited 11 times

    The Circuit Court erred in holding that the plea in bar of the Statute of Limitations filed by the employer and carrier was not well taken. H.C. Moody Sons v. Dedeaux, 223 Miss. 832, 79 So.2d 225; Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786; Sec. 6998-18, Code 1942; Dunn's Miss. Workmen's Compensation, Sec. 154 p. 119. II.

  10. Prentice v. Schindler Elevator Co.

    13 So. 3d 1258 (Miss. 2009)   Cited 7 times

    Although it is true that an employer's remittance of compensation payments tolls the statute of limitations, see Parchman v. Amwood Products, 988 So.2d 346, 351 (Miss. 2008), history has brought to our courthouses cases in which confusion has arisen over whether given sets of payments qualified as true compensation, id., or even whether a particular payment was actually a payment at all. See Trehern v. Grafe Auto Co., 232 Miss. 854, 100 So.2d 786 (1958). ΒΆ 15.