Reteuna v. Industrial Commission

• Decision Date: 14 November 1919
• Docket Number: 3397
• Citation: 55 Utah 258,185 P. 535
• Court: Utah Supreme Court
• Parties: RETEUNA v. INDUSTRIAL COMMISSION

185 P. 535

55 Utah 258

RETEUNA v. INDUSTRIAL COMMISSION

No. 3397

Supreme Court of Utah

November 14, 1919

Original action by Barto Reteuna, guardian of Domineck Barda to review compensation proceedings before the Industrial Commission of the State.

WRIT OF REVIEW DENIED, and petition dismissed.

Evans &amp Sullivan, of Salt Lake City for plaintiff.

Dan B Shields, Atty. Gen., and J. H. Wolfe, O. C. Dalby, and Herbert Van Dam, Jr., Asst. Attys. Gen., for defendant.

GIDEON, J. CORFMAN, FRICK, WEBER, AND THURMAN, JJ., concur.

OPINION

GIDEON, J.

This is an original action in this court, asking for a review of certain proceedings before the Industrial Commission of this state in an action entitled Barto Reteuna as Guardian of the Person and Estate of Domineck Borda, an Injured Employe, Plaintiff, v. Independent Coal & Coke Co.

The facts out of which this controversy arose are as follows: On or about April 1, 1918, one Domineck Borda was employed by the Independent Coal & Coke Company in Carbon county. On said date he was injured during the course of his employment, and the accident causing the injury arose out of such employment. These facts are not in dispute, but are admitted by both parties. As a result of such injury the mind of said Borda became deranged to such an extent that he is mentally incompetent. On or about April 12, 1919, the district court of Carbon county appointed plaintiff, Reteuna, guardian of the person and estate of Borda, and thereafter such guardian filed an application with the Industrial Commission, defendant here, asking for an award for said injury under the Workmen's Compensation Act of Utah. Comp. St. 1917, tit. 49. A hearing was regularly had on said petition on or about April 30th of that year. On May 26, 1919, an order was made, awarding to the petitioner therein twelve dollars per week, and directing the Independent Coal & Coke Company to pay the applicant as such guardian that amount from and including April 12, 1918, that being ten days after the injury, "until such date as the commission shall by proper order change, modify, or discontinue such compensation, less the sum of $ 648, theretofore received by the applicant." It further appears that on or about August 23, 1919, said guardian presented his verified petition to the district court of Carbon county, in which it was set out that the Independent Coal & Coke Company had in writing offered to pay the petitioner, as guardian aforesaid, a lump sum of $ 2, 500 as full compensation for the injuries received by his ward while in the employ of the coal and coke company. It was likewise represented to the court that in the guardian's judgment it would be better for the interests of the incompetent and of the state of Utah that such offer of settlement be accepted. The district court thereupon made an order, authorizing and permitting the guardian to make such settlement with the coal and coke company, and upon the payment by it of $ 2,500 to execute a full release and discharge of said company from any and all claims growing out of the injury to said Borda. Thereafter, on or about August 28, 1919, plaintiff herein, as guardian, filed his petition with the Industrial Commission, defendant herein, setting forth his appointment as guardian, the award made by the commission May 26, 1919, and the further fact that the Independent Coal & Coke Company had in writing offered to pay in full settlement of all claims for the injuries sustained by the incompetent the sum of $ 2,500, and that he had been authorized and empowered by the district court of Carbon county to accept said offer and to execute and deliver a full release to said company. Such facts were stated in a verified petition, and apparently no further testimony or hearing was had by the commission on said petition. On September 9, 1919, the commission denied the petition. Thereafter this application was made to this court to review the proceedings of the commission in its refusal to approve and authorize the settlement, and praying that an order issue, directing the commission to vacate its order of September 9, 1919, and to enter an order approving said settlement in conformity with the order of the district court of Carbon county. It was claimed in the application that it would be to the best interests of society, the people of the state, and the said incompetent that said settlement be approved, and that the commission, in denying the right of the guardian to make such settlement in conformity with the order of the district court, "acted without authority, and in an arbitrary, wrongful and unlawful manner, and to the prejudice of the people of the state of Utah and the said incompetent. * * *"

The Industrial Commission by its answer admitted the proceedings had before it as herein stated; admits that by its order it refused to approve or authorize a settlement by the payment of a lump sum of $ 2,500, but denies the authority of the district court of Carbon county to make an order binding upon it. It also denies that it would be to the best interests of the incompetent or of the people of this state that such settlement be affirmed by the commission, and denies that in refusing to approve said settlement it exceeded its jurisdiction or acted in an arbitrary, wrongful, and unlawful manner. It avers that it had authority under the provisions of the Workmen's Compensation Act to commute compensation into a lump. sum if in its discretion it was deemed best so to do, but that no commutation or settlement can be made without the approval of the commission, and that it has control and continuing jurisdiction of the compensation awarded, and that its findings and conclusions as to whether commutation or settlement should be allowed are final and not subject to review.

The answer having admitted all of the allegations of the petition respecting the proceedings and orders made by the commission left no material issue of fact in dispute. To the affirmative allegations of the answer, which really stated conclusions of law only, a demurrer was filed by the plaintiff, and the matter was argued and submitted upon the issues presented by the pleadings.

The application for review filed in this court is under the provisions of Comp. Laws Utah 1917, section 3148, as amended by chapter 63, Laws Utah 1919. That section as amended provides that within thirty days after the final decision of the commission on an award any one affected by the order of the commission may apply to the Supreme Court for a writ of certiorari or review. It is also therein provided that the review shall extend no further than "to determine whether or not: (1) The commission acted without or in excess of its power; (2) if findings of fact are made, whether or not such findings of fact support the award under review." It is further provided in that section as amended that the findings and conclusions of the commission on questions of fact "shall be conclusive and final and shall not be subject to review; such question of fact shall include ultimate facts and the findings and conclusions of the commission." The other subdivisions of the section provide that the Code of Civil Procedure relating to writs of review, shall, so far as applicable and when not in conflict with the other provisions of the act, apply to the proceedings in the courts under that section, and that no court save the Supreme Court shall have jurisdiction to review, reverse, or annul any award, etc. It will thus be seen that the questions presented by this record for determination are: First, has the applicant, after having filed his claim for an award under the provisions of the Workmen's Compensation Act, the right to make settlement with his employer without the approval of the...