Western Pipe & Steel Co. v. Industrial Accident Commission

THE COURT.

The petition asks for a writ of prohibition to be directed to the Industrial Accident Commission.

It appears that by an order dated March 24, 1931, the Commission made a decision that the injury to the employee (petitioner in that proceeding) was not caused by the serious and wilful misconduct of the defendant Western Pipe

&

Steel Company.

Thereafter said employee Huston applied to this court for a writ of review, and his petition was denied. Since that time Huston has presented to the Commission a petition to reopen the case upon the ground that certain of the facts were not correctly determined by the Commission in its former decision. The application of Huston to the Commission is made under section 20 (d) of the Workmen’s Compensation Act (Stats. 1917, p. 850), being the section which provides for continuing jurisdiction of the Commission over all of its orders, decisions and awards, to the extent and

[20]

within the limitations there prescribed. The Commission, without making any formal order either granting or refusing to reopen the case, has set it down for hearing.

Petitioner Steel Company now contends that the Commission is without jurisdiction to reopen a cause like the one in which it is about to act; and in order to prevent the Commission from further proceeding therein now files this application for a writ of prohibition.

It may be, or not, that such proceedings by the Commission would be outside of its jurisdiction. Before we can approach that question it must first be settled that this court is authorized to issue writs of prohibition against proceedings of the Industrial Accident Commission. The Constitution (art. XX, sec. 21), which provides for industrial accident legislation, vests in the legislature “plenary powers” in relation to the subject, with authority to establish an Industrial Accident Commission, and to fix and control, among other things, “the manner of review of decisions rendered by the tribunal or tribunals designated by it; provided, that all decisions of any such tribunal shall be subject to review by the appellate courts of this state”.