405 (4)-Finding of compensable injury to eye sustained. Sullivan's Case
(Mass.)
405 (4) --Award for death of employee falling during illness sustained. Sul-
livan's Case (Mass.)
405 (5) Evidence held to show that claimant, child of undivorced woman
living with deceased as wife, was a member of deceased's family.
Federal Mut. Liab. Ins. Co. v. Indust. Acc. Comm. (Cal.)...
405 (5)-Evidence held not to sustain finding of claimant's incapacity. Shoal
Creek Coal Co. v. Indust. Comm. (Ill.)
405 (5)-Finding that child born one month after marriage and child born
three months after death of employee were dependents, held sus-
tained by evidence. King v. Peninsular Port. Cement Co. (Mich.).. 192
405 (5)-Evidence held to justify award to wife claiming as dependent.
Kirkley v. General Baking Co. (Mich.)
406
405 (5)-Evidence sustained a finding that applicant was living apart from
husband at the time of his decease for justifiable cause. McGee v.
Columbia Body Co. et al. (Mich.)
405 (5)-Finding that the parents were partial dependents sustained by the
evidence. Tennessee Chemical Co. v. Smith et ux. (Tenn.).
405 (5)-Tota! permanent incapacity within act held not shown. Old Ben Coal
Corp. v. Industrial Commission (Ill.)
405 (5)-Finding of deceased employee's divorce justified by evidence in case.
Woodward Iron Co. v. Bradford (Ala.).
405 (6) Evidence held to sustain finding that applicant was completely and
permanently disabled by injury. Joliet & E. Traction Co. v. Indust.
Comm. (Ill.)
405 (6) Evidence of average daily wage as basis of compensation held suf-
ficient. Lumbermen's Reciprocal Ass'n v. Warner (Tex.).
405 (6) Evidence held not to support findings for insurer against wrong-
doer. Globe Indemnity Co. v. Henderson (Cal.)..
405 (6)-Award for partial incapacity held not sustained by competent evi-
dence. Kanawha Fuel Co. v. Indust. Comm. (Ill.)
Evidence held to sustain finding of disability. Poast v. Omaha Mer.
Express & Trans. Co. (Neb.)
405 (6)-Elements of vision within act include both field and binocular vision.
Turpin v. St. Regis Paper Co. (N. Y.)
405 (6)-Record examined and evidence found sufficient to support findings
of fact. Superior Smokeless Coal & Mining Co. et al. v. Bishop et
al. (Okla.)
405 (6)-A finding that there were times when claimant could not wear
glasses while engaged in the regular course of his employment,
and therefore had sustained a partial loss of the use of an eye, is
not supported by claimant's testmony that it was very inconvenient
for him to wear glasses, and that he did not wear goggles at the
work he was doing when injured because it was dark in the room
and he could not have seen through goggles. McNamara v. Mc-
Harg-Barton Co. et al. (N. Y.)
405 (6) Evidence held not to sustain compensation for permanent disability.
Benton Coal Co, v Industrial Commission (Ill.)
405 (6)-Permanent partial disability of arms not shown. Pocahontas Min-
ing Co. v. Indust. Comm. (II.) ...
Evidence held not to support award for partial disability. Para-
dise Coal Co. v. Indust. Comm. (III.).
405 (6) Loss of vision within act held shown. Old Ben Coal Corp. v. Indus-
trial Commission (III.)
405(6) Compensation award sustained.
Centralia Coal Co. v. Indust. Comm.
405 (6) Evidence held not to show permanent compensable disability-find-
ing of compensable permanent injury cannot rest on conjecture.
Taylor Coal Co. v. Indust. Comm. (Ill.)..
408-Suit held maintainable without arbitration. Duncan v. Kansas City
Packing Box Co. (Kan.)....
TIME AND PLACE OF HEARING.
QUESTIONS FOR JURY.
409-Negligence as to minor employee held for jury. Moore v. Hoyt (N.H.) 434
TRIAL OR HEARING BY COURT-VERDICT AND FIND-
INGS.
S 411.- JUDGMENT OR DECISION.
411-Judgment denying compensation held no bar to action for negligence
not in issue-nor estoppel in action on negligence. Katzenmaier
v. Doeren (Minn.)
EXECUTION AND ENFORCEMENT OF JUDGMENT OR
APPEAL OR OTHER PROCEEDING FOR REVIEW.
412-Case may be remanded for taking of further evidence. Bourgeois v.
Union Bridge & Const. Co. (La.).......
412-Question of the dependency of father and mother is one of fact, and
finding of dependency will not be disturbed if there is any evidence
to support it. Tennessee Chemical Co. v. Smith et ux. (Tenn.).
412-Where in the record there was no minute entry of the court which
showed that an amendment to an answer setting up as a defense
that failure to give the notice required was ordered made, but the
recital in the final judgment showed that the amended answer was
considered by the court in determining the case, a motion to strike
the amended answer from the record must be overruled. Patten
Hotel Co. v. Milner (Tenn.)
412-Judgment reviewable on record on certiorari without bill of exceptions.
Ex parte W. T. Smith Lumber Co .(Ala.)..
412-Motion for additional finding in case is permissible.
liery Co. v. 3'ate Indust. Comm. (Okla.)...
412-Judgment reviewable on.y on certiorari. Steagall v. Sheffield Steel &
Iron Co. (Ala.)........
412-Judgment under act reviewable on common-law certiorari. Woodward
Iron Co. v. Bradford (Ala.'.
PROCEEDINGS BEFORE BOARDS OR COMMISSIONS.
414-Commission's procedure defined-has no power to grant rehearing on
merits. Conner's Case (Me.)
414-Claimant required to produce own witnesses-rehearing in absence of
witnesses the materiality of whose testimony was not shown, held
properly denied. Nelson v. Indust, Acc. Comm. (Cal.).
414-Notice of application for rehearing unnecessary. Pinyon Queen Mining
Co. v. Indust. Comm. (Utah)
414-If the report is not filed within the 30 day limit and objection is not
waived by appearance before Commission of objector, award of ar-
bitrator automatically becomes decision of Commission. Illinois
Glass Co. v. Indus. Comm. et al. (Ill.)..
414-Act permits extension of time to file transcript of proceedings before ar-
bitrator. James O'Donnell Teaming Co. v. Industrial Commission
(Ill.)
414-Act permits one extension of time to file transcript of proceedings be-
fore arbitrator-commission's jurisdiction of proceeding after arbi-
trator's report original, not appellate-"Jurisdiction" of Commis-
sion of proceeding after arbitrator's report governed by circuit
court practice as to filing of transcripts. Pocahontas Mining Co. v.
Indust. Comm. (!!!)
415-Cumulative testimony held properly excluded. S. J. Peabody Lumber
Co. v. Miller (Ind.)
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REPORT AND FINDINGS OR AWARD.
416-Finding of compensable injury held not mere conclusion. Payne v.
Wall (Ind.)
416-Finding that claimant received personal injury by accident arising out
of and in course of employment is finding of ultimate fact and is
sufficient to sustain award. Empire Health & Ac.. Ins. Co. v. Pur-
cell (Ind.)
416-Proper practice followed in approval of fee for medical services to
claimant. Goldens' Case (Mass.)
416-General finding of injury in employment held insufficient to sustain
award. Jenczewski v. Aluminum Co. of America (N. Y.)...
416-Insurer is estopped by Board's decision on liability of employer of in-
dependent contractor. Amalgamated Roofing Co. V. Travellers'
Ins. Co. (Ill.)
416-Award under act is no bar to action under Federal act by other parties
-finding of employment in intrastate commerce is conclusive-
award is conclusive of claimant's individual rights when suing as
administratrix-award is not conclusive as judgment in rem-
award is not binding on one not dependent. Williams v. Southern
Pacific Co. (Cal.)
416-Claimant, not appealing from arbitration decision, held properly be-
fore board. King v. Peninsular Port. Cement Co. (Mich.).
416-Commissioner's finding should state the facts found and not the evi-
dence. Grabowski v. Miskell (Conn.)...
416-Award held not invalidated by want of finding on issue of misconduct.
S. J. Peabody Lumber Co. v. Miller (Ind.)
416-Findings are not essential to valid award. Bingham Mines Co. v. All-
sop (Utah)
416-Fact that compensation has been allowed under Act is an adjudication
as to a minor that he was injured in his regular course of employ-
ment as an employee, and that his employment was not casual.
Hilsinger v. Zimmerman Steel Co. (Iowa)....
416-Where an employee files complaint with commission, and the employer
or carrier has been properly served with notice of the time and
place of hearing and at the time specified in such notice the Com-
mission proceeds to hear such complaint and makes an award, it
is conclusive against the employer or carrier, if not appealed from.
Consolidated Fuel Co. et al. v. State Indus. Comm. et al. (Okla.).... 765
416-When on hearing of complaint no objection is made that employee failed
to give notice of injury, it is unnecessary for the Commission to
make any finding or in any way excuse the failure to give such no-
tice Consolidated Fuel Co. et al. v. State Indus. Comm. et al.
(Okla.)
416-Award need not state method of fixing disability.
§ 416%. PROCEDURE BEFORE BOARDS OR COMMISSIONS-EN-
FORCEMENT OF AWARD.
416%-Award made by Commission becomes final and conclusive, unless ap-
pealed from as therein provided, and in absence of fraud. Board
of Com'rs of Okmulgee County v. State ex rel. Jackson et al., State
Indust. Comm. (Okla.)
REVIEW BY COURT IN GENERAL.
(1). Nature and form of remedy.
417(1) Application to commission is prerequisite to review by court hear-
ing. Amendment regulating review of award is retroactive. In-
dust. Comm. v. Peppas (Colo.)
417 (1) Scope of review defined. Callihan v. Montgomery (Pa.).
417 (3)-Where commission granted order for rehearing, it was not review-
able on certiorari until after final decision on rehearing. Gumilla
v. Indust. Acc. Comm, (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 act not
considered. Cook v. West Side Trucking Co. (N. Y.).....
417(4)-Employer would have waived employee's failure to file written de-
mand for compensation within required time by failure to raise
question. Jackson v. Indus. Comm. et al. (Ill.).
417(4)-When neither the employer or the carrier appear before the Com-
mission, pursuant to notice duly given, there will be deemed to
have waived such matters of defense as they could have reason-
ably presented. Consolidated Fuel Co. et al. v. State Indus. Comm.
et al (Okla.)
417 (4) Constitutionality of act held waived. Centralia Coal Co. v. Indust.
Comm. (III.)
Objection to constitutionality of act held waived. Taylor Coal Co.
v. Indust Comm. (Ill.)
417 (4) Objection to constitutionality of act held waived.
v. Indust. Co:nm. (III.)
417(4)-Request for findings in case essential to review.
Co. v. Indust. Comm. (Ill.)
417(4%)-Appeal dismissed for want of notice. Kota v. Standard Steel Car
417(4%)-Writ of error held timely.
Joliet & E. Traction Co. v. Indust.
417 (4%)-Appellant entitled to 33 days to serve notice after notice of award
is "sent". Adams v. Atlanta Const. Co. (N. Y.).
417 (4%)-Void decree of commission will be so declared, though appeal was
not taken in time. Conner's Case (Me.)..
Question of compensable injury held not decided on first appeal.
Standard Cabinet Co. v. Landgrave Ind.)
Whether parents were dependents of unmarried son held for jury.-
Charge on burden of proof as to dependency held proper.-Charge
held not erroneous in failing to define "dependent".-Charge held
not erroneous as assuming claimant's deceased son worked for
year. Charge as to computation of average daily wage held
proper.-Error in attorney's agreement was cured by subsequent
instruction to disregard such argument.-District court did not err
in permitting jury to compute average weekly wage of deceased
servant where it made finding of jury its own by incorporating it
in the judgment. Lumbermen's Reciprocal Ass'n v. Warner (Tex.) 80
417 (5) Employer is not estopped by arbitration but relief by reviewing court
is limited.-Arbitrator's award is final except for limited review
provided by act-act does not limit scope of inquiry as to arbi-
trator's misconduct or character of award. Wilson & Co. V.
Ward (Kan.)
417 (5)-Award may be affirmed on evidence though based on unsupported
finding. Kirkley v. General Baking Co. (Mich.)..
417 (5)-It is assumed that the Board drew the inferences which are in har-
mony with and support award. Gardiner V. Cochran Chair Co.
(Ind.)
417 (5)-Under Act, placing the burden of proof upon party claiming com-
pensation, an insurance company bringing suit to set aside an
award for death of minor need not allege that deceased was not
an employee within the act. Galloway et al. v. Lumbermen's Indem.
Exchange et al. (Tex.)
417 (5)-Issue as to anord in lump sum held proper.
derwriters v. Green (Tex.)
417 (5)-Discretion and duty vested in Industrial Commission devolves upon
court or jury on appeal. Indust. Comm. v. Drake (Ohio)
417 (5)-Discretion of board not reviewable. Blair v. Washington (Ind.).. 567
417 (6) Question whether injury was within act held one of law.
West Hotel Co. (Iowa)
Compensable injury question of law reviewable on appeal. Calli-
han v. Montgomery (Pa.)
Existence of substantial evidence supporting award is question of
law. Bingham Mines Co. v. Allsop (Utah)
417 (7)-Whether permanent and complete disability exists is matter for
discretion of arbitrator and Commission acting within provisions
of statute. Joliet & E. Traction Co. v. Indust. Comm. (Ill.)..........
417 (7) On appeal from award, court will not weigh evidence, and it is suf-
ficient that there is some evidence to support award. Standard
Cabinet Co. v. Landgrave (Ind.)
417 (7) Evidence held sufficiently vague and uncertain to make finding that
injury did not arise out of or in course of action conclusive. Buncle
v. Sioux City Stockyards Co. (Iowa.)
417 (7) Order denying compensation supported by findings of fact which
have some evidence to support them cannot be disturbed, though
evidence appears to preponderate in favor of claimant. Andrews
Steel Co. v. McDermott (Ky.)
417 (7)-Findings of board cannot be disturbed on certiorari if supported by
evidence. King v. Peninsular Port. Cement Co. (Mich.).
417 (7)-Board's finding and award, supported by evidence, is conclusive.
Gen'l American Tank Car Corp. v. Weirick (Ind.).
417 (7)-Finding, disallowing claim for hernia, held conclusive. Hughes v.
Cudahy Packing Co. (Iowa)
417 (7)-Board's findings held conclusive.
417 (7)-Findings of board held conclusive on certiorari. Gratopp v. Carde
Stamping & Tool Co. (Mich.)
Brower v. W. H. Isgrigg & Son
417 (7)-Review of Commission's award limited to errors of law.-Case held
to involve a question of fact not reviewable. Chestnut & Smith V.
Lynch (Okla.)
Court may not set aside commission's finding of fact as against evi-
dence and order award amended accordingly. Indust. Comm. v.
Gen'l Acc., Fire & Life Assur. Corp. (Colo.).
417(7)-Findings of commission on fact held conclusive on appeal. McNeil
v. Panhandle Lumber Co. (Idaho)
417 (7) Court can determine whether board's findings are supported by evi-
dence. Kirkley v. General Baking Co. (Mich.)
417 (7)-Finding of commissioner under act is conclusive.
O'Neill v. Sioux
City Terminal Ry, Co. (Iowa)
417 (7) Where there were no findings as to nature of decedent's employ-
ment, finding that accident was within act was reviewable. Wil-
son v. Dakota Light & Power Co. (S. D.)....
417 (7) —Findings of board conclusive if substantially supported. O'Donnell's
Case (Mass.)
417 (7) Relation of parties is question of fact. McDowell v. Duer (Ind.).. 364
417 (7)-Finding on evidence is conclusive. Pinyon Queen Mining Co. v. In-
dust. Comm. (Utah)
417 (7)
Commission's finding on fact conclusive. Sun Coal Co. v. State In-
dust. Comm. (Okla.)
417 (7)-Findings on evidence creating "probability" not reviewable. Bing-
ham Mines Co. v. Allsop (Utah)..
417 (7) The court is bound by the findings of the Commission if there is any
competent evidence in record to sustain them. Republic Iron
& Steel Co. v. Indus. Comm. at al. (Ill.)......
417(7)-On appeal, only evidence tending to sustain the award will be con-
sidered-findings of Board have same force as findings of court and
jury and are not to be set aside if there is evidence upon which
they can rest. Gardiner v. Cochran Chair Co. (Ind.)...
417 (7) In case of controverted facts tending to excuse failure to notify mas-
ter of injury within 30 days, it is the province of chairman to de-
termine those facts like any other issue of fact before him, and
his finding is final, provided there is some competent evidence to
support it, but on facts undisputed found by the chairman, the
question whether written notice has been given is one of law.
Wardwell's Case (Me.)
417 (7) The findings of the Industrial Commission on conflicting testimony
is conclusive upon the courts. Hall v. Ind. Comm. of Colorado et
al. (Colo.)
417 (7) When there is any evidence reasonably tending to support the order
of the Commission, such order is final and conclusive on this court.
Consolidated Fuel Co. et al. v. State Indus. Comm. et al. (Okla.)... 765
417 (7) It is well settled that the decision of the Commission as to all mat-
ters of fact is final, if there is any evidence tending to support it.
Superior Smokeless Coal & Mining Co. et al. v. Bishop et al. (Okla.) 770
417 (7)-When there is any evidence reasonably tending to support the order
of the State Industrial Commission, such order is final and con-
clusive on this court. Cameron Coal Co. et al. v. Dunn et al. (Okla.) 751
417 (7) The finding of the Department of Labor as to the date when the
actual injury, disability and incapacity developed cannot be dis-
turbed by the courts if there is any testimony, or legitimate in-
ference therefrom, sustaining the conclusion, though the court might
reach a different conclusion as triers of the facts. White v. Mor-
gan & Wright (Mich.)
417 (7) Only questions of law are reviewable by the Supreme Court, and
the findings of fact on competent evidence, are conclusive. Bryan
v. Hudson Motor Car Co. et al. (Mich.).
417 (7) On review by certiorari of an award, if there is any legal evidence
sustaining the finding, the Supreme Cout is not at liberty to set
it aside. McCartney et al. v. Wood-Temple Co. (Mich.)..
417 (7)-Findings of fact by the Boad acting within its powers in the absence
of fraud, are made conclusive, and the court is limited to determin-
ing as to whether there is any competent evidence to support the
findings. Clifton v. Kroger Grocery & Baking Co. et al. (Mich.).... 697
417 (7) Good cause for failure to give notice of compensable injury held for
Jury. Consolidated Underwriters v. Seale (Tex.) . . . . .
650
417 (7)-Finding of Commission, sustained by evidence, is conclusive. James
O'Donnell Teaming Co. v. Industrial Commission (Ill.)..
417 (7)-Finding on evidence as to employment of claimant held conclusive.
Hoosier Veneer Co. v. Ingersoll (Ind.)....
417 (7)-Findings in case conclusive. Feldman's Case (Mass.)
417 (7)--Findings of fact in case held conclusive-court cannot weigh evi-
dence in case. McAlester Colliery Co. v. State Ind. Comm. (Okla.) 638
417 (7) Board's findings of fact held conclusive. Rusch v. Louisville Water
Co. (Ky.)
575
417 (7)-Arbitrator's finding on question of compensable disability conclusive
in absence of unfairness or misconduct. Kinzer V. Wyandotte
County Gas Co. (Kan.).
417 (7)-Finding of compensable loss of fingers held conclusive--finding of
compensable loss of use of hand held conclusive. Ramondetta's
Case (Mass.)
417 (8) Evidence in case held not prejudicial. Feldman's Case (Mass.)..... 583
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