State ex rel. Davey v. Industrial Commission

Two questions suggest themselves: (1) Was mandamus in the Court of Appeals an appropriate and available remedy? aud (2) was the writ properly issued?

As a result of the industrial accident to Davey on October 16, 1957, the Industrial Commission awarded him compensation for an arm and shoulder injury. But his claim filed with the commission included the aggravation of a prior neck disability growing out of the same accident, and the commission denied him compensation for that. It was from and because of such denial that Davey prosecuted his appeal to the Court of Common Pleas. There is no…