State, Ex Rel. v. Indus. Comm.

The sole question is whether the relator is entitled to a peremptory writ of mandamus to compel respondent to proceed with the hearing of relator's claim for compensation for disability from May 1936 to January 31, 1938, on its merits and render a decision thereon.

In determining the question it is necessary to consider the two applications for additional compensation (each of which covered a period of time from May 1936) and the action taken by the commission on each of them.

With respect to the first of these applications, the relator contends it was never heard upon its merits. In the order…