State ex rel. Williams v. Industrial Commission

In the matter of State ex rel. Williams v. Industrial Commission, I concur in the conclusions reached by members of the court who favor sustaining the demurrer to the petition; yet I am unable to reach the same conclusion in State ex rel. Rudd v. Industrial Commission, post, 67, 156 N. E., 107, this day decided, for in that case a different situation arises.

Rudd’s employer was a contributor to the fund at the time that Rudd received his injury. The employer has since become insolvent. Should Rudd be deprived of his right to share in the fund for the additional award? Rudd has already received…