Thigpen v. Hall

1. Where an application for compensation under the workmen’s compensation act is dismissed by the commissioner upon the ground that it appears from the evidence that the claimant has pending a suit at law against the employer to recover damages alleged to have arisen out of the accident complained of, and it is provided in the order dismissing the case that when the claimant can show that the tort action has been dismissed or disposed of, “the case will be assigned by the industrial commission if the facts furnished in the application authorize such action,” and the hearing of the case is…