Homan v. Belleville Lumber and Supply Co.

Dissenting Opinion.

Dudine, J.

I cannot agree with the conclusion reached in the prevailing opinion that the Industrial Board had power to vacate its award of June 19, 1935, on the grounds alleged in the applications for vacation thereof, which applications were filed in this case and which grounds were shown by the evidence in this case. That holding assumes that the Industrial Board has a power which the legislature did not confer upon it expressly or by “necessary implication.” (See In Re Moore, In Re Lott (1923), 79 Ind. App. 470, 138 N. E. 783.) That holding in effect assumes that the…