United States Fidelity & Guaranty Company v. Kelley

Bell, Chief Judge.

The insurer in this workmen’s compensation case, appeals from the judgment of the superior court and the claimant cross appeals.

1. The Main Appeal. At issue is the correctness of the superior court’s judgment reversing and remanding the case to the Workmen’s Compensation Board on the basis that the board exceeded its powers and followed an erroneous legal theory in making an award on the insurer’s request for a hearing on the ground that a change of condition had occurred. The board found as a fact that an economic change of condition occurred on September 5, 1972 when the…