Maryland C. Co. v. Industrial Acc. Com.

This is a proceeding in certiorari under the Workmen's Compensation Act, to review an award made by the Industrial Accident Commission against the Maryland Casualty Company in favor of Hulda V. Dobson, as compensation for the death of her husband, alleged to have occurred from an accident while in the employ of George C Ellis. The award was made against the Maryland Casualty Company as insurance carrier for Ellis. Its claim is that the policy of insurance does not cover the accident which caused the death of Dobson.

The insurance policy was issued to Ellis by the Casualty Company of America. Afterward, and before the happening of the accident, the Maryland Casualty Company, by agreement with the original insurer, assumed all liability upon the policy and Ellis accepted it as the insurance carrier. By the terms of the policy the insurer agreed to pay all sums due from Ellis under the Workmen's Compensation Law [Stats. 1911, p. 796] because of any injury to those of his employees mentioned in the policy. The sixth clause provides as follows: "This policy shall cover only employees of the employer, legally employed, whose remuneration is included in said declaration, but nothing in this policy shall be construed as excluding any employee who may become entitled to compensation under the provisions of said Workmen's Compensation Law, and all amendments thereto." The declarations referred to are contained in a document attached to and made a part of the policy. The employees whose remuneration is therein stated, that are here involved, are therein described as those engaged in "General farm work excluding the operation of farm machinery (no blasting)."

The complainant asks that the award be annulled upon the following grounds: 1. That the commission granted a rehearing to Ellis on the ground of newly discovered evidence, in violation of its own rule requiring such evidence to be set out in detail in the application for a rehearing. 2. In taking further testimony without solicitation from either party. 3. In admitting and considering incompetent testimony relating to the meaning of the policy of insurance in question. 4. In determining that under said policy of insurance the plaintiff as insurance carrier for Ellis is liable to pay compensation for the death of said Dobson. *Page 493

With respect to the first and second grounds we need only say that irregularities, or errors in mere matters of procedure, do not go to the jurisdiction of the commission to make awards, and are not grounds upon which this court can vacate an award. These grounds relate entirely to matters of procedure.

In like manner this court is unable to set aside an award because of the admission of incompetent evidence, provided there is enough competent evidence admitted to uphold the same. This disposes of the third ground.