Opinion
No. 34731.
November 14, 1950.
(Syllabus.)
WORKMEN'S COMPENSATION — Review of award 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 files a confession of error and the record discloses that the award should be vacated and the cause remanded to the State Industrial Commission, this court will cause the award to be vacated and remanded in accordance with the confession of error.
Original proceeding in the Supreme Court brought by Special Indemnity Fund to review an award in favor of William Henry Dole, claimant, appearing by and through his guardian, Demma Dole, jointly against the Union Equity Co-Operative and its insurance carrier, Farmers Elevator Mutual Casualty and the Special Indemnity Fund. Award vacated and cause remanded, with directions.
Mont Powell, of Oklahoma City, for petitioner.
Hugh Conway, of Enid, Cheek, Cheek Cheek, of Oklahoma City, and Mac Q. Williamson, Atty. Gen., for respondents.
An award was entered in favor of claimant by and through his guardian against the Union Equity Co-Operative and its insurance carrier, Farmers Elevator Mutual Casualty, and the Special Indemnity Fund jointly. The award was for total permanent disability with a part thereof to be paid by the Special Indemnity Fund. The Special Indemnity Fund brought this proceeding to review the award.
A confession of error has been filed in which the claimant is joined by Union Equity Co-Operative and Farmers Elevator Mutual Casualty, stating that the award should be vacated insofar as it directs any payment by the Special Indemnity Fund and the cause remanded to the State Industrial Commission, with directions to assess the award for total permanent disability against the employer and its insurance carrier.
In a like proceeding by a claimant in McQueen Johnson, Inc., et al., v. Morgan, 188 Okla. 574, 111 P.2d 1079, we vacated the cause with directions to proceed in accordance with the confession of error. The principle applied therein is applicable here.
The award entered against the Special Indemnity Fund is hereby vacated and the cause is remanded to the State Industrial Commission, with directions to proceed in accordance with the confession of error.