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Doby v. Miami Trust Co.

Supreme Court of Arizona

November 23, 1931

L. G. DOBY, Petitioner,
v.
MIAMI TRUST COMPANY, a Corporation, Defendant Employer, THE INDUSTRIAL COMMISSION OF ARIZONA, Defendant Insurance Carrier, and R. B. SIMS, WM. E. HUNTER and CHARLES HARTMAN, Members of the Industrial Commission of Arizona, Respondents

APPEAL by Certiorari from award of Industrial Commission of Arizona. Award set aside.

Mr. H. S. McCluskey, for Petitioner.

Mr. Terrence A. Carson, for Respondents.

OPINION

Page 188

LOCKWOOD, J.

L. G. Doby, hereinafter called petitioner, in December, 1928, filed a claim before the [39 Ariz. 229] Industrial Commission of Arizona, hereinafter called the commission, for compensation for injuries which he alleged had occurred to him arising out of and in the course of his employment by Miami Trust Company, a corporation, hereinafter called the employer. The commission made some kind of investigation regarding the matter, but held no formal hearing at which petitioner was present or evidence taken, and on January 29, 1929, entered an order to the effect that the evidence was insufficient to establish that the injury arose out of and in the course of petitioner's employment, and denying compensation.

On February 9th petitioner made application for a rehearing, which was duly granted. This hearing was held February 25th, before John J. Taheny as referee, petitioner being present in person and represented by his counsel, Hon. H. S. McCluskey. Thereafter, and on March 27th, a further hearing in the same manner was held, petitioner being present in person and by counsel as before, and the employer being represented by its general manager, L. D. Van Dyke. The evidence at both hearings was taken verbatim by a reporter. Thereafter petitioner requested certain findings of fact, and also that the reporter's transcript be corrected to show certain matters which he claimed had been omitted therefrom.

No action was taken on this request, and no formal findings of fact or award was ever made by the commission after these hearings, but on May 27, 1929, the following document was executed:

"Settlement Agreement and Release.

"Know All Men by These Presents, That the undersigned claimant, for and in consideration of the sum of sixteen hundred sixty-eight ($1668.00) Dollars, to be paid to the undersigned claimant by the Industrial Commission of Arizona hereby releases and forever discharges Miami Trust Company and The Industrial Commission of Arizona, of and from any and [39 Ariz. 230] all manner of actions and causes of action, suits, debts, dues, sums of money, accounts, controversies, agreements, promises, damages, judgments, executions, claims, and demands whatsoever, in law or in equity, and particularly from all claims and demands whatsoever, arising in or out of, or in connection with, an injury or injuries, including all the consequences thereof, suffered or claimed to have been suffered by L. G. Doby on or about the 4th day of December, 1928, in the State of Arizona, while in the employ of Miami Trust Company, which the undersigned claimant ever had, or now possesses, or which the undersigned claimant, or the heirs, executors, administrators, or assigns of the undersigned claimant, hereafter can, shall, or may have against either the Miami Trust Company and/or The Industrial Commission of Arizona, for, upon, or by reason of any matter, cause or thing whatever.

"And in consideration of the foregoing release the Industrial Commission of Arizona does hereby agree to forthwith pay said sum to said claimant.

"[Signed] H. S. McCLUSKEY,

"Attorney for Claimant.

"[Signed] L. G. DOBY,

"Claimant.

"THE INDUSTRIAL COMMISSION OF ARIZONA,

"[Signed] By R. B. ...


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