AKARD LBR. CO. v. STATE INDUS. COM.

AKARD LBR. CO. v. STATE INDUS. COM.
1931 OK 145
298 P. 295
148 Okla. 218
Case Number: 21900
Decided: 04/21/1931
Supreme Court of Oklahoma

AKARD LBR. CO.
v.
STATE INDUSTRIAL COM. et al.

Syllabus

¶0 1. Master and Servant--Workmen's Compensation--Review of Awards--Reversal upon Confession of Error.
Where the only answer or response to a petition to review an award of the State Industrial Commission is a confession of error filed by the Attorney General for and on behalf of the State Industrial Commission and such confession of error appears to be supported by the record presented to this court for review, the award will be reversed in so far as the same appears to be erroneous.
2. Same--Findings not Supported by Evidence.
Where there is no evidence in the record to support a finding of fact, such finding of fact is erroneous and an award of the Industrial Commission based thereon will be vacated.

Original action by the Akard Lumber Company, a copartnership, to review an award of the State Industrial Commission in favor of John Robert Scott. On confession of error by the Attorney General supported by the record the award is reversed in part and affirmed in part.

Freeling & Box, for petitioners.
J. Berry King, Atty. Gen., and Robert D. Crowe, Asst. Atty. Gen., for Industrial Commission.

PER CURIAM.

¶1 This is an original action in this court to review an award of the State Industrial Commission made in a proceeding wherein John Robert Scott was claimant. The award of the Industrial Commission found claimant was entitled to compensation and that W. S. Barrow was primarily liable and that the Akard Lumber Company was secondarily liable therefor and ordered payment of such compensation in accordance with its findings of fact.

¶2 For the respondent, the State Industrial Commission, the Attorney General has filed in this cause a confession of error setting forth a lack of evidence to support the finding that the Akard Lumber Company was secondarily liable for compensation to claimant.