State ex rel. Michaels v. Morse

OPINION

By FESS, J.

This is an original action in mandamus for an order to compel the *539respondent to proceed to hear and determine his claim for compensation pursuant to the statutory provisions relating thereto in effect prior to October 5, 1955. The operative facts alleged in the petition are admitted in the answer. The issues of law raised are therefore to be determined upon the pleadings.

Relator’s claim was filed on August 10, 1954, disallowed January 4, 1955, rehearing granted, testimony taken thereon May 26. 1955, and continued. On September 7, 1955, relator filed a motion with respondent…