405 (4) Evidence held to show fall caused compensation claimant's disability. Roach v. Oswald Lever Co. et al. (Pa.)..... Dependents.
405 (5)-Finding of wife's dependency sustained. Empire Zinc Co. v. Industrial Com'n et al. (Colo.)
405 (5) Hearsay evidence insufficient to establish existence of dependent within compensation law. State Treasurer v. West Side Trucking Co. (N. Y.)
405 (6) Evidence in compensation case held to show willful misconduct of employer's predecessor.-Evidence in compensation case held to show misconduct of employer acquiring plant. Blue Diamond Plaster Co. v. Industrial Accident Com'n of California et al. (Cal.) 6 405 (6) Compensation for permanent loss of use of leg held unwarranted. Paradise Coal Co. v. Industrial Commission et al. (Ill.). 405 (6)-Finding of compensable disability from injury to arm sustained. Kerwin v. American Ry. Express Co. (Pa.).
405 (6)—Findings as to extent of compensable injury sustained. Gulf Lumber Co. (La.)
405 (6) Evidence held to justify compensation for permanent partial disability. Dennis v. Huber (La.)
TIME AND PLACE OF HEARING.
Daniels v. Shreveport Pro
TRIAL OR HEARING BY COURT-VERDICT AND FINDINGS.
410-Workmen's compensation act; lump sum award for partial disability cannot be determined without ascertaining amount of earnings. Sims v. Eberhardt Const. Co. et al. (Kan.)...
411-Compensation claimant held entitled to relief against order approving settlement. Compensation claimant's showing held to justify vacation of order. Ronstadt v. Minor et al. (Minn.).. 411-Interest on compensation award not recoverable unless claimed in petition. Dennis v. Huber (La.)
APPEAL OR OTHER PROCEEDING FOR REVIEW. 412-Finding of nonacceptance of compensation act held reviewable as unsupported by evidence.
412-Frivolous defenses and appeals condemned. Ford V. Fortuna Oil Co. (La.) 412-Employer held not entitled to complain of compensation allowance.— Compensation case not remanded for testimony as to earning capacity. Daniels v. Shreveport Producing & Refining Corporation (La.) 412-Statement of law, facts and conclusions necessary for review of judgment in compensation case.-Statement of law, facts and concluions in compensation case held sufficient.-Findings of fact on evidence in compensation case conclusive.-Compensation act contemplates bill of exceptions to show absence of evidence. Greek V. Sloss-Sheffield Steel & Iron Co. (Ala.).
412-Right to show compensation disability had ceased reserved by judgment. Sears v. Peytral (La.) 412-Findings in compensation case conclusive.
414-Weight of contradictory testimony in compensation case is for department. Carvey v. W. D. Young & Co. et al. (Mich.).
415-Compensation Board may consult expert. Carlin v. Coxe Bros. & Co.
Inc. (Pa.)
416. REPORT AND FINDINGS OR AWARD.
416-Specific findings required in compensation case.-Findings in com-
pensation case held insufficient. Crawford et al. v. Industrial Com-
mission et al. (Colo.).
416-Commission's final decision on application for compensation conclusive
in absence of appeal. Degidio v. State Industrial Acc. Commis-
sion (Ore.)
416-Order denying compensation reviewable by industrial accident
board. Miller's Indemnity Underwriters v. Hayes (Tex.)..
416-Transcript on review of arbitrator's award of compensation may be
authenticated after expiration of time. for filing. Lumbermen's
Mut. Casualty Co. v. Industrial Commission et al. (Ill.)..
416-Industrial Commission may revoke award of compensation.-Award
to person not entitled to compensation as widow properly revoked.
Industrial Commission of Ohio v. Dell et al. (Ohio),.
416-Finding as to notice of compensable injury held unnecessary. St.
Louis Smelting & Refining Co. et al. v. State Industrial Commis-
sion et al. (Okla.).
416-Referee's refusal of examination of compensation claimant held an
interlocutory order not appealable. Roach v. Oswald Lever Co. et
al. (Pa.)
416-Industrial Commission empowered to appoint trustee to disburse
compensation awarded to aged applicant. Tintic Milling Co. et al.
v. Industrial Commission of Utah (Utah).
4162. PROCEDURE BEFORE BOARDS OR
FORCEMENT OF AWARD.
REVIEW BY COURT IN GENERAL.
(1). Nature and form of remedy.
Circuit Court empowered by Compensation Law to review facts as
well as law. Keller v. Industrial Commission et al. (Ill.)..
Original award held "final order" within compensation act. As-
sociated Theaters Inc., et al. v. Industrial Accident Commission
et al. (Cal.)......
-417 (1)—Method of review under Compensation Act exclusive.-Legality of
Compensation award not reviewable on application for judgment.
St. Louis Pressed Steel Co. v. Schorr (Ill.)
417 (1) Review of compensaton award governed by law at time of judg-
ment. Springfield Dist. Coal Mining Co. v .Industrial Commission
et al. (III.)
417 (1) Compensation suit againt Industral Commission original proceeding
not tried "de novo" on issue relied on before Commission. Dahl-
quist v. Nevada Industrial Commission (Nev.)..
417 (3%)-Employee held "party aggrieved" within compensation act. As-
sociated Theaters, Inc., et al. v. Industrial Accident Commission
et al. (Cal.)
Proceedings for appeal or other form of review.
(4). Presentation and reservations of grounds of review.
417 (4)-New objection on appeal from award to state treasurer under
compensation law not permissible. State Treasurer v. West Side
Trucking Co. (N. Y.)
417(4)-Findings of Commission on substantial evidence in compensaton
case conclusive. Tintic Milling Co. et al. v. Industrial Commission
of Utah (Utah)
417 (4%)-Filing of petition for review under Compensation Act shown by
officer's certificate to copy. St. Louis Pressed Steel Co. v. Schorr
(Ill.)
417 (4%)-Motion to correct returns on certiorari in compensation case
. improperly denied. Lumbermen's Mut. Casualty Co. v. Industrial
Commission et al. (Ill.)
417 (4%1⁄2)—Compensation insurer's service of notice by mail insufficient.-
Objection to compensation insurer's service of notice by mail waived.
-Limitation against suit to vacate compensation award begins af-
ter receipt of "notice" by mail. Georgia Casualty Co. v. McClure
(Tex.)
417 (4%)-Order in compensation case reviewable by board unless appeal
to court is perfected by suit. Millers' Indemnity Underwriters V.
Hayes Tex.)
417 (4%)—Judgment for compensation held not open to attack for want of
notice. Millers' Indemnity Underwriters v. Lane et al. (Tex.).... 529
(5). Trial or review.
417 (5) Special findings in compensation case held not necessarily con-
flicting. Conflict between findings held not to prevent judgment
for compensation. Millers Indemnity Underwriters V. Schreiber
et al. (Tex.)
claimant's employment in interstate commerce
question of law on undisputed evidence. Denver & R. G. W. R. Co.
v. Industrial Commission of Utah et al. (Utah).
417 (5)—Order of industrial commission not reviewable unless capricious
or arbitrary. Krause v. Industrial Insurance Commission of Wash-
ington (Wash.)
Jury trial authorized on appeal in compensation proceeding. Tay-
lor v. Industrial Ins. Commission of Washington (Wash.)
Judgment for compensation held supported by special findings.
Millers' Indemnity Underwriters v. Lane et al. (Tex.)..
417 (5)—Physical examination of compensation claimant not reviewable un-
less discretion has been abused. Roach v. Oswald Lever Co. et
al. Pa)
417 (7) Industrial Accident Commission's findings not reviewable.
lou's Case (Me.)
Questions of law or fact.
Questions of fact.
417(7)-Compensation Board's findings in evidence final.
high Coal & Navigation Co. (Pa.)...
417 (7)-Finding on evidence in compensation case conclusive. League V.
Weidely Motors Co. (Ind.)
417 (7) Compensation Board's decision on question of fact
Shockley v. King (Del.)
417(7)—Finding on evidence in compensation case conclusive.
Tool Works v. McDowell (Ind.)
417 (7) Compensation Board's decision conclusive. Pope Mining Co. v.
Brown (Ky.)
417 (7) Commission's findings
417 (7)-Amount of compensation award on proper classification of injury
not reviewable. Taylor v. Industrial Ins. Commission of Washing-
ton (Wash.)
417 (7)-Finding on evidence in compensation case final. Denver & R. G.
W. R. Co. v. Industrial Commission of Utah (Utah).
417 (7)-Finding of compensable disability final if supported by evidence.
Carvey v. W. D. Young & Co. et al. (Mich.).
417 (7)-Reasonableness of time to prepare for work question for Compen-
sation Board. Carlin v. Coxe Bros. & Co., Inc. (Pa.)..
417 (7) Question as to number of employer's employees is jurisdictional
and reviewable by Supreme Court, Hardman v. Industrial Commis-
sion et al. (Utah)..
417 (7) Dependency, within Compensation Act, question of fact.-Com-
mission's finding on conflicting evidence in compensation case final.
Chicago, Wilmington & Franklin Coal Co. v. Industrial Commis-
sion et al. (Ill.)
417 (7) Decision of Industrial Commission without evidence reviewable
under Compensation Law. Hogan et al. v. State Industrial Com-
mission et al. (Okla.)
417 (7) —Findings on evidence in compensation case conclusive. Kraft v.
West Hotel Co. (Iowa)
on evidence in compensation case con-
clusive. Whitehead Coal Mining Co. et al. v. State Industrial Com-
mission et al. (Okla.)
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417 (7) Industrial Commission's decision on questions of fact in compen-
sation case final. Ohio Drilling Co. et al. v. Industrial State Com-
mission et al. (Okla.)
417 (7) Industrial Commission's findings of fact final under Compensation
Act. Missouri Valley Bridge Co. et al. v. State Industrial Commis-
sion et al. (Okla.)
417 (7) Industrial Commission's decision on question of fact conclusive.
McAlester Edwards Coal Co. v .State Industrial Commission (Okla.) 488
417 (7) Amount of compensation award for properly classified injury not
reviewable. McMullin v. Department of Labor and Industry of
Washington (Wash.)
417 (7) Scope of review under Compensation Act defined.
wald Lever Co. et al. (Pa.)
417 (7) Industrial Commission's findng of fact conclusive under Compen-
sation Act. St. Louis Smelting & Refining Co. et al. v. State In-
dustrial Commission et al. (Okla.)
417 (7) Industrial Commission's decision as to facts in compensation case
final. Canode v. Claypool & Wheeler et al. (Okla.).
(8).— Harmless error.
417 (8) Compensation insurer not prejudiced by informalities. Newhall
Land & Farming Co. et al. v. Industrial Acc. Commission et al.
(Cal.)
417 (8) Allowance of fee to doctor by award in compensation
case held
not prejudicial. Denver & R. G. W. R. Co. v. Industrial Com-
mission of Utah (Utah)
(9). Determination and disposition of cause.
417 (9) Judgment for commuted workmen's compensation for injuries
during Federal control held improperly opened. Beck v. Pennsyl-
vanía R. R. Co. (Pa.)
417(10)-Bond executed on review of award of compensation, security until
final determination. Giertz v. Snyder et al. (III.)
REVIEW OF JUDGMENT OF COURT ENTERED ON AWARD
OF BOARD OR COMMISSION,
418 (1) Review in compensation case limited by law in force at time of
judgment. Paradise Coal Co. v. Industrial Commission et al. (Ill.) 24
(2). Decisions reviewable.
Presentation and reservation of grounds of review.
418 (3) Objection to compensation for occupational disease available at
any time. Iwanicki v. State Ind. Acc. Commission (Ore.).
418(3) Question of excessiveness of compensation award not reviewable
on writ of error. St. Louis Pressed Steel Co. v. Schorr (Ill.).... 405
(3%). Transfer of cause.
418 (4) Supreme Court will not consider document not in record in com-
pensation proceedings, though sent up by stipulation. Lumbermen's
Mut. Casualty Co. v. Industrial Commission et al. (Ill.).....
418 (5) Revisory powers of Supreme Court, under compensation act, de-
fined. Kerwin v. American Ry. Express Co. (Pa.).
418 (6) Finding of fact in compensation proceeding entitled to weight. Kel-
ler v. Industrial Commission et al. (Ill.)
418 (6) Verdict in compensation case conclusie.-Employment within com-
pensation act held question for jury. Farrin v. State Industrial
Acc. Commission (Ore.)
418 (6) Court's conclusion on question of lump sum compensation not re-
viewable. Millers' Indemnity Underwriters v. Huffaker et al. (Tex.) 531
418 (6) Finding of Court of Common Pleas in compensation case binding
on appeal. Johannsen v. Union Iron Works (N. J.).
606
(7). Determination and disposition.
418 (7) Reformation of judgment in compensation
Georgia Casualty Co. v. McClure (Tex.)
418 (7) Award of compensation in excess of proper sums held not to
show prejudice on part of jury.-Wrong apportionment of compen-
sation can be corrected without reversal. Millers' Indemnity Un-
derwriters v. Schrieber et al. (Tex.).
§ 419. PROCEEDINGS TO INCREASE, DIMINISH, OR TERMINATE COM-
PENSATION.
419-Compensation for death subject to modification on change of "measure
of dependence." Storms et al. v. New Departure Mfg. Co. et al.
(Conn.)
419-Industrial Accident Commission's letter reciting proceedings in com-
pensation case held not appealable "decision."-Increase of com-
pensation requires application showing change of circumstances.—
Modification of order in compensation case appealable.-Commis-
sion's "jurisdiction" to decide fixed when right of appeal is lost
by lapse of time. Iwanicki v. State Ind. Acc. Commission (Ore.)..
419-Disability held "new and further disability" within compensation act,
and not continuing illness. Employers' Liability Assur. Corp., Ltd.,
of London, England, et al., v. Industrial Acc. Commission et al.
(Cal.)
419-Final decision on application for increase of compensation prerequ-
site to appeal.-Letters held not an "application" for increase of
compensation or a "decision" authorizing appeal. Degidio v. State
Industrial Acc. Commission (Ore.)..
419-Limitation inapplicable to review of compensation award. Wife of
mentally incapable employee may present claim under Compensa-
tion Law. Whitehead Coal Mining Co. et al. v. State Industrial
Commission et al. (Okla.)...
419-Change in compensation because of changed physical condition au-
thorized. Reduction of compensation because of old age unauthor-
ized. Letourneau v. Davidson (Mich.).
419-Compensation claimant must prove increase of injury.-Evidence held
not to sustain award of addtional compensation. Springfield
Dist. Coal Mining Co. v. Industrial Commission et al. (Ill.)...
419-Industrial Insurance Department's refusal to reopen compensation
caim held not reviewable. McMullin v. Department of Labor and
Industry of Washington (Wash.)..
$420. COSTS, FEES, AND EXPENSES.
420-Attorney's fee allowable on failure to procure reduction of compensa-
tion award.-Attorney's fee allowable on compensation claim occur-
ring before amendment of law. Western Newspaper Union v. Dee
(Neb.)
420-Employer not liable for attorney's fee under compensation statute.
Bouchon v. Southern Surety Co. et al. (La.).
420-Provision of Compensation Act for approval of fees of attorney held
validAgreement as to attorney's fees held not binding on
guardian of dependents awarded compensation. -Compensation
Board authorized to fix attorney's fees and to order repayment of
excess. Gritta's Case (Mass.)