State, Ex Rel. v. Ind. Com.

The relator bases his claim for relief solely on the ground that the Industrial Commission which is respondent here, in its consideration of his claim for compensation, abused its discretion in failing to follow the recommendation of its inspector in fixing the average weekly wage at $21.60. For that reason he claims to be entitled to a peremptory writ requiring the commission to fix such average weekly wage at $21.60 instead of $14.28.

The relator, to be entitled to the writ, must show that he has a clear legal right to have his average weekly wage fixed at $21.60, and that the respondent has…