MCQUEEN & JOHNSON Inc. v. MORGAN

MCQUEEN & JOHNSON Inc. v. MORGAN
1941 OK 114
111 P.2d 1079
188 Okla. 574
Case Number: 29986
Decided: 04/01/1941
Supreme Court of Oklahoma

McQUEEN & JOHNSON, Inc., et al.
v.
MORGAN et al.

Syllabus

¶0 WORKMEN'S COMPENSATION - Review of awards by court-Disposition of cause upon confession of error by claimant.
In a proceeding to review an award of the State Industrial Commission when the claimant, respondent, filed a confession of error and the record and the authorities reasonably support said confession of error, this court may, in its discretion, remand the cause to the State Industrial Commission with instructions to vacate the award in accordance with said confession of error.

Original proceeding in the Supreme Court by McQueen & Johnson, Inc., et al. to review an award of the State Industrial Commission in favor of John Morgan. Remanded, with directions.

Short & Pierson, of Oklahoma City, for petitioners.
Williams & Teague, of Oklahoma City, and Mae Q. Williamson, Atty. Gen., for respondents.

PER CURIAM.

¶1 This is a proceeding by the employer and insurance carrier, respondents below, commenced to review an award made in favor of the claimant before the State Industrial Commission. One of the allegations of error is failure to grant a hearing on appeal from a single commissioner to the commission as a whole.

¶2 The respondent has filed a confession of error based upon the holding of this court in Amerada. Petroleum Corp. v. Hester, 188 Okla. 394, 109 P.2d 820. An examination of the record and of the petition for review discloses that the allegations of error and said confession of error are reasonably sustained. In such case this court has held that it may in its discretion remand the cause to the State Industrial Commission for further proceedings. See Harbour-Longmire Co. v. Owrey, 167 Okla. 417, 30 P.2d 163; Pillsbury Flour Mills Co. v. McNeill, 185 Okla. 574, 95 P.2d 235. The cause is therefore remanded, with directions to the State Industrial Commission to take further proceedings in accordance with the confession of error.

¶3 CORN, V. C. J., and BAYLESS, GIBSON, HURST, and ARNOLD, JJ, concur.