Opinion
No. 29,209.
January 6, 1933.
Workmen's compensation act — refusal to vacate award and grant rehearing.
The industrial commission did not abuse its discretion in refusing to vacate an award and grant a rehearing to an employe whose injury was originally compensated but about the cause of whose present condition the medical testimony was in dispute.
Certiorari upon the relation of John J. Baumann to review an order of the industrial commission denying his petition to vacate an award made to him under the compensation act and to grant him a rehearing. Affirmed.
Streissguth Fordyce, for relator.
Briggs, Weyl Briggs, for respondents.
For an injury the relator was awarded compensation by a referee for a period of 47 4/7 weeks. No appeal was taken to the industrial commission, and after the time for appeal had expired the relator moved to vacate the award and for a rehearing. The petition to vacate was supported and opposed by affidavits front a number of physicians, and the question presented to the commission was clearly one of fact.
We discover no abuse of discretion on the part of the commission in denying the relief sought. Ogrosky v. Commonwealth Elec. Co. 172 Minn. 46, 214 N.W. 765; Kallgren v. C. W. Lunquist Co. 172 Minn. 489, 216 N.W. 241; Dotlich v. Shenango Furnace Co. 172 Minn. 603, 216 N.W. 242.
Writ discharged and order affirmed.