Legal Opinion · Dissent

Aetna Life Insurance v. Shiveley

Indiana Court of Appeals

Decided November 27, 1918No. 10,246Published

From the Industrial Board of Indiana. Proceedings for compensation under the Workmen’s Compensation Act by Ever M. Shiveley against Shiveley Brothers, a corporation, in which applicant and the defendant entered into a compensation agreement which was approved by the Industrial Board. From án order refusing to vacate the order approving the compensation- agreement, the Aetna Life Insurance Company, defendants insurance carrier, appeals.

1Dissent

*638DISSENTING OPINION.

Felt, J.

I am unable to agree with the prevailing opinion of my associates that this cause should be reversed and remanded to the Industrial Board for further' consideration.

It appears that an agreement was duly made awarding compensation and fixing the amount.

The agreement was duly approved by the Industrial Board on November 10, 1917, and stands as an award until duly set aside by such board.

Appellant filed its petition on December 5, 1917, to have the approval of the board set aside and the case heard on its- merits.

The prevailing opinion states that: “On the votes of Mr.…

2Cases cited7 opinions

  1. McDermott v. BurkeIllinois Supreme Court · 1912
  2. Singer Sewing Machine Co. v. PhippsIndiana Court of Appeals · 1911
  3. Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
  4. In re StokeIndiana Court of Appeals · 1917
  5. Gillespie v. John W. Ferguson Co.Supreme Court of New Jersey · 1909

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