Caekos v. Stanley Fruit Co‪.‬

LOCKWOOD, J. Charles W. Caekos, hereinafter called petitioner, was injured by an accident arising out of and in the course of his employment on February 14, 1938. On April 13, 1938, after an examination by various physicians, the Industrial Commission, hereinafter called the commission, found that he suffered temporary disability as a result of the accident, and made an award therefor, which was duly paid. A rehearing was asked for and denied on May 26, 1938, and this ruling was never appealed from. Thereafter, and on February 18, 1939, he filed his petition for a readjustment of his claim. This application was denied on March 13th, but no further action was taken by petitioner on the denial. On May 4, 1939, he filed another petition for readjustment. On July 28, 1939, the commission entered an award finding that the evidence was insufficient to show the petitioner was suffering from any new and theretofore unknown disability arising since the last award made him, and denying him further compensation. A motion to vacate this finding and award was duly made, and was denied on August 11, 1939, whereupon the matter was brought before us in the usual manner.