Georgia Casualty Co. v. Industrial Accident Commission
Before: Richards
Synopsis
Workmen’s Compensation Act—Employer and Employee—Employment by Contractor—Finding Sustained by Evidence.—Where a contractor had agreed to do all the work and furnish all tools and appliances for constructing, grading, and completing the roadbed of a railway, evidence that the conductor of a train crew was engaged in hauling materials for the laying of track on a portion of the grade which had been completed, and which was necessary to use the steam shovel to complete the roadbed under the contract, was sufficient to sustain a finding that such conductor was in the employ of the contractor and not of the railroad company, at the time he was injured while the track was being laid, although the track, when completed, was to be a part of the permanent equipment of the railway, and not a part of the grading originally contracted for.
Id.—Jurisdiction op Industrial Accident Commission — Additional Award — Limitation on Exercise.—The continuing jurisdiction given to the Industrial Accident Commission, in general terms*, under subdivision (d) of section 25 of the Workmen’s Compensation Act, to rescind, amend, or alter its own orders, decisions, and awards, is limited by subdivision (b) of section 82, permitting the commission to retain jurisdiction for the period of 245 weeks, for the sole purpose of making such changes as may be required by the occurrence of new facts arising after the date of the original decision, and where the commission, after the denial of an application for rehearing, made a second award, based solely upon a reconsideration of the facts upon which an award was made, and without any evidence having been presented as a basis for the second award, that action was in excess of the jurisdiction of the commission.
RICHARDS, J.,
pro tem.
The facts of these two applications, so far as they are necessary to a decision of the questions presented thereby, are fully and correctly set forth in the former opinion filed herein, and are as follows:
“Two proceedings in
certiorari
were brought to review successive awards made by the Industrial Accident Commission.
“The application for compensation was made by Laura Sims, claiming to be the dependent sister of Lewis Hicks, who died in consequence of injuries received by him in December, 1915. The commission found that at the time of his injury Hicks was in the employ of Robert Sherer & Company, and made an award against said Robert Sherer & Company as employer, and Georgia Casualty Company as insurance carrier. The award, which was made May 5, 1916, was for $1,872. A petition for rehearing addressed to the commission having been denied, Sherer & Company and the Casualty Company applied to this court for a writ of review, and such writ was issued on July 20, 1916. It is proceeding number 4847.
“In the meanwhile, on June 19, 1916, two days after the denial of the petition for rehearing, to which we have referred, the commission had given notice to Sherer & Company and the insurance carrier to show cause why the findings and award theretofore made should not be amended, and the award increased to $3,461.25. On July 12, 1916, the commission filed amended findings, and made a new award in
[291]
creasing the amount to $3,461.25. The second proceeding, number 4929, is a writ of
certiorari
to review this increased award.
“The two cases are presented on a single set of briefs.” Upon the writ involving the validity of the first award the single question is whether there was evidence before the commission to justify its findings that Hicks, at the time of his injury, was in the employ of Robert Sherer
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