Vickich v. Superior Court

[589]

CONREY, P. J.

Petition for writ of prohibition. Petitioner applied to this court for writ of prohibition to prevent respondent court from proceeding further in the matter of a motion to recall and quash an execution upon a judgment entered in accordance with an award made by the Industrial Accident Commission.

The proceedings by which an award of said commission may be filed in a superior court, and judgment entered thereon and the judgment enforced, are outlined in section 21 of the Workmen’s Compensation, Insurance and Safety Act of 1917. (Stats. 1917, p. 831; Deering’s Gen. Laws, 1923 ed., Act 4749.) When a certified copy of the findings and award of the commission has been filed with the clerk of the superior court, judgment must be entered by the clerk in conformity therewith. The certified copy of the findings and award and a copy of the judgment constitute the judgment-roll.

In the case of an ordinary judgment of the superior court, the power of that court to stay or recall an execution is included in the general authority of the court to control its own proceedings. In said section 21, however, it is provided that “the commission, or- any member thereof, may stay the execution of any judgment entered upon an award of the commission, upon good cause appearing therefor and upon such terms and conditions as may be imposed. A certified copy of such order shall be filed with the clerk entering judgment.” It would seem to follow that when a stay has been ordered by the commission or by one of its members, no judge of a superior court would have authority to' interfere with the operation of the order so made. But the question arises whether the judgment when entered upon an award of the commission becomes a judgment of the superior court, of such a nature that in the absence of any stay order made by the commission or one of its members the superior court acting through one of its judges may stay, or recall, or quash an execution. In section 20 (d) of the Compensation Act it is provided that the commission shall have continuing jurisdiction over its awards, and may at any time, upon notice, etc., rescind, alter or amend any award made by it upon good cause appearing therefor, at any time within 245 weeks from the date of the injury.

[590]