Opinion
No. 23766.
March 19, 1935.
(Syllabus.)
Master and Servant — Workmen's Compensation — Appeal — Remand of Cause for Vacation of Award Upon Confession of Error.
In a proceeding to review an award of the State Industrial Commission, when the claimant respondent files a confession of error and the record and authorities reasonably support said confession of error, this court may, in its discretion, remand the cause to the Industrial Commission, with instructions to vacate the award in accordance with the said confession of error. Harbour-Longmire Co. v. Owrey, 167 Okla. 417, 30 P.2d 163.
Original proceedings in the Supreme Court by J. H. Block et al. to vacate an award of the State Industrial Commission in favor of Frank Williams. Award vacated.
James W. Cosgrove, for petitioner.
J. Berry King, Atty. Gen., Robt. D. Crowe, Asst. Atty. Gen., and B.A. Hamilton, for respondents.
The State Industrial Commission granted the application for an award. The employer, together with the insurance carrier, appealed upon the ground that section 13367, St. 1931, as amended by Laws 1933, c. 29, sec. 4, bars the claimant. On March 15, 1934, respondent filed a confession of error admitting that this court had decided with the petitioners. Indian Territory Illuminating Oil Co. v. Crown, 158 Okla. 51, 12 P.2d 689. The cause is therefore reversed and remanded to the State Industrial Commission to vacate the award entered.