Borello v. Industrial Commission

It is the appellant’s contention that the commission does not lack jurisdiction to reconsider her claim because extrinsic fraud on the part of the employer, Marathon, prevented the commission from determining the real issue, namely, did the claimant suffer an occupational disease (lead poisoning) caused by her employment.

Counsel for the appellant candidly states in his brief:

“At the beginning of this argument it must be said that the following statement found near the end of Judge Bard-well’s ‘Directions for Judgment” is'a verity:

“ ‘There is not even a scintilla of evidence in this record…