State ex rel. Koonce v. Industrial Commission

The court of appeals granted a writ of mandamus in this case to require the Industrial Commission to vacate its finding that appellant had fraudulently procured benefits. The court held that “the commission must make a finding that the claimant * * * [appellant] in fact did *62obtain the benefits through fraud,” and remanded the cause for that purpose.1 We agree with the court below. Where allegations of fraud are involved in a termination-of-benefits case, the Industrial Commission must make a specific finding as to the fraud issue. Mere conclusory statements in the commission’s pronouncement…