State, Ex Rel. v. Indus. Comm.

This is a case in mandamus presented to the original jurisdiction of this court. The sufficiency of the petition is challenged by the commission's demurrer. The salient facts, decisive of the case, may be briefly stated.

James Murphy was an employee of an employer subscriber to the state insurance fund, and on October 2, 1922, suffered an injury in the course of employment. He applied to the commission for an award, and on May 17, 1923, he received an award for temporary total disability, which was paid. On August 2, 1929, he filed another application for further award alleging that his…