City Van & Storage v. Industrial Commission

(specially concurring).

While I fully concur in the determination of the majority that the award must *554be set aside, I would reach and decide the threshold issue of the proper parties both before this Court and before the Industrial Commission. As Judge Stevens points out, supra, the hearing officer below refused to join the State Compensation Fund in the hearing held on this matter on 6 March 1974 after our initial memorandum opinion in this case on 6 November 1973. I believe that decision was improper and resulted in proceedings without an indispensable party.

An increasing number of cases…