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123 Me. 74

Collins' Case

Supreme Judicial Court of Maine

Decided July 7, 1923

Supreme Judicial Court of Maine · decided 1923-07-07

On appeal. This is an appeal from a decree of a sitting Justice affirming the finding of the Chairman of the Industrial Accident Commission and the awarding additional compensation to William H. Collins for permanent impairment to the left hand.

Cited by 1 later decisions — most recently April 1927

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal sustained · Decided 1923-07-07

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Deasy, J.

¶2Contracts free from fraud must be respected and enforced as made. This is true of ordinary contracts. With greater reason is it true of compensation agreements which are made by the parties, officially approved and have the force of judgments.

¶3Parties indeed have wide latitude in making agreements subject to approval. They may, of course, make agreements contemplating a part only of the injuries suffered, leaving a part for further agreement or decree. Agreements are ''final and binding to the extent of the facts agreed upon and the conditions covered by them as a basis for the compensation to be paid.” Foster’s Case, 123 Maine, 27.

¶4In this case the conditions covered as a basis of compensation included “injured hand.” The agreement for compensation for injured hand is final and binding. Neither the Commission nor the court has authority to add any further obligation to the contract which the parties have made and the commission approved. No further specific compensation for injured hand can be compelled to be paid through calling that injury to the hand ‘ 'permanent impairment” of the hand. See Maxwell’s Case, 119 Maine, 507; Morin’s Case, 122 Maine, 338; Walker’s Case, 122 Maine, 388; Foster’s Case, supra.

¶5*76It may be that the agreement was an unfortunate one for the petitioner. But the commission cannot relieve parties from the consequence of unwise contracts. They agreed on a settlement for the injured hand. The commission awarded further specific compensation for the same injury. This it was not authorized to do.

¶6The agreement obviously did not contemplate partial incapacity after the specified period of seventy-five weeks, and it does not bar a p'etition to recover compensation for such partial incapacity. The petition related to .compensation for presumed total disability.

¶7The petition in this case being in no sense a petition for review, it is unimportant that it was filed after the expiration of the specified period of seventy-five weeks.

¶8The case should be remanded to the commission. The petitioner should have leave to amend his petition, prove, if he can, loss of earning capacity, and receive compensation measured by such loss. Foster’s Case, 123 Maine, 27.

¶9Appeal sustained.

¶10Decree reversed.

¶11Case remanded for further proceedings in accordance with opinion.

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