State ex rel. Marshall v. Keller

The basic question presented in the case at bar is whether the Court of Appeals committed error when it allowed a writ of mandamus to issue commanding the Industrial Commission to perform a duty enjoined upon it by law, i. e., to award compensation to appellee Marshall by reason of an occupational disease, silicosis, contracted by him as a result of his employment.

The majority of this court bases its reversal of the judgment of the Court of Appeals upon two assumptions: (1) There is no appeal to the courts from a decision of the Industrial Commission, in occupational disease cases and (2)…