Opinion
Civil No. 3527.
Filed November 7, 1934.
1. MASTER AND SERVANT. — On certiorari to review compensation award, where briefs did not assign as error the Industrial Commission's action in correcting award against insurance carrier so as to make it run against employer also, court was not required to consider the matter.
2. MASTER AND SERVANT. — Where both employer and insurance carrier were before Industrial Commission and participated in trial or hearing, award should have been rendered against both.
3. MASTER AND SERVANT. — Where compensation award was originally entered against insurance carrier only, but both employer and insurance carrier participated in the hearing, Industrial Commission's action in correcting award so as to run against employer also held within commission's power.
See 27 Cal. Jur. 556.
APPEAL by Certiorari from an award of the Industrial Commission of Arizona. Award affirmed.
Mr. C.H. Young, for Petitioners.
Mr. Austin O'Brien, for Compensation Applicant.
Mr. Don C. Babbitt and Mr. Emil Wachtel, for Industrial Commission.
This proceeding involves the right and power of the Industrial Commission to correct its award in cause No. 3496, Ocean Accident Guarantee Corp., Ltd., v. Kennison, ante, p. 352, 37 P.2d 370, just decided, which award as originally entered was against the insurance carrier only, to make it run against the employer also.
This case and case No. 3496 were, upon motion of the attorney for the employer and insurance carrier, consolidated in this court and submitted upon the record and briefs in No. 3496. The briefs do not assign any error in the action of the Industrial Commission in correcting the award nor do they refer thereto in any way. Under such circumstances, we have no occasion to inquire into the matter. We have, however, examined the grounds upon which a review of the order making the correction is asked and also the commission's return or answer thereto. Both the employer and the insurance carrier were before the commission and participated in the trial or hearing, and of course the award should have been rendered against both of them. The insurance carrier's liability depending upon the liability of the employer, the Industrial Commission, when it discovered that the award was against the insurance carrier only, corrected its award making it run against the employer also. This the Industrial Commission unquestionably had the power to do. Hamer v. Industrial Commission, 43 Ariz. 349, 31 P.2d 103.
The corrected award is affirmed.
LOCKWOOD and McALISTER, JJ., concur.