Vietti v. Crow Coal Co.

1926 OK 483, 246 P. 412, 114 Okla. 296, 1926 Okla. LEXIS 1025

• Court: Supreme Court of Oklahoma
• Decided: May 18, 1926
• Docket: 17349
• Status: Published

Opinion

PER CURIAM.

This proceeding was begun in tlie Sta'e Industrial Commission. On the 5th day of February, 1926, the Ccmmis,sion made an order discontinuing compensation under. a previous award, to petitioner. On the 4th day of March, 1929, petitioner filed a mobidn to set this order aside, which was clenied on the 15th day of March 1926. On the 26th day of March, 1926, petitioner filed a motion to review the orders of February 5, 1926, and March 15, 1926, on the ground, of changed conditions, and on the 31st day cf March, 1926, this motion was overruled, and on the 24th day of April, 1926, proceedings were begun in this court to review these orders of the Commission.

Becticta 7296, Compiled Oklahoma Statutes 1921, provides as follows:

“Upon its own motion or upon the application df any party in interest, on (he ground of a change in conditions, the Commission may ab any time review any award, and on such review- may make an award ending. diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum provided in this act, and shall state its conclusions of fact and rulings of law, and shall immediately send 'to the parties a copy of the award. Noi such review shall affect such award as regards any money already paid.”

Under the above section the Commission may of its own moticta, or on application of any interested party, at any time, review an award on the ground of changed conditions, hut this statute does - not authorize the review of an order discontinuing an award on the ground of .changed conditions. The motion filed in the Commission' by petitioner to review its orders was unautlhclrized. and does not in any way affect the time for beginning proceedings in this court, and proceedings not having been begun within SO days after notice to the parties cf the order discontinuing the award, the proceedings will be dismissed. Dismissed.