SPAULDING & OSBORNE v. PACIFIC

SPAULDING & OSBORNE v. PACIFIC
1943 OK 78
134 P.2d 587
192 Okla. 157
Case Number: 31157
Decided: 03/02/1943
Supreme Court of Oklahoma

SPAULDING & OSBORNE
v.
PACIFIC EMPLOYERS INS. CO. et al.

Syllabus

¶0 WORKMEN'S COMPENSATION--Reviewing court will not decide controversy over liability of insurance companies where injured claimant not interested.
This court will not, on petition to review an order of the State Industrial Commission, consider or decide a controversy between an employer and an insurance company, or between two insurance companies in which an injured claimant is not interested.

Original proceeding in the Supreme Court by Spaulding & Osborne to review order of the State Industrial Commission in favor of C. O. Lyday. Petition denied.

Pierce & Rucker, of Oklahoma City, for petitioner.
Tom Aggas, of Oklahoma City, for respondent Pacific Employers Insurance Company.
Mac Q. Williamson, Atty. Gen., and P. C. Lackey, Asst. Atty. Gen., for Industrial Commission.
S. J. Clay, of Oklahoma City, for claimant.

DAVISON, J.

¶1 This case and the case of Spaulding & Osborne, Petitioner, v. Pacific Employers Insurance Company, State Industrial Commission, Edward Hutchings and Maryland Casualty Co., No. 31156 (this day decided), 192 Okla. 154, 134 P.2d 581, are in all essential respects identical except that different claimants are involved.

¶2 The legal questions are the same. The two cases have been consolidated in this court for the purpose of briefing.

¶3 Our decision in No. 31156 controls herein and the opinion and syllabus therein are adopted as the opinion and syllabus in this case.

¶4 Petition to review denied.

¶5 CORN, C. J., GIBSON, V. C. J., and RILEY, HURST, and ARNOLD, JJ., concur. WELCH and BAYLESS, JJ., dissent. OSBORN, J., absent.