William Bloom & Son, Inc. v. Monahan

In this workmen’s compensation proceeding the employer sought relief from its obligation to pay compensation on the ground that the preliminary agreement between the parties providing for such payment was procured by the mutual mistake of the parties as to whether the employee’s incapacity was work-related. Both the trial commissioner and the full commission resolved the antecedent factual issue upon which that question hinged against the employer, leaving no question of law to be determined. The case then came here on appeal and, acting sua sponte, we directed the employer to appear and show…