Ocean Accident & Guarantee Corp. v. Industrial Accident Commission

This is a hearing upon an order directed to the Industrial Accident Commission and the respondent Nelson, requiring them to show cause why a writ of review should not be issued annulling an order of the commission awarding compensation to Nelson for injuries sustained by him in the employ of a corporation known as- the Sibley Grading and Teaming Company. The petitioner for the writ, The Ocean Accident and Guarantee Corporation, is the insurance carrier for the Sibley Company, the employer.

The essence of the complaint of the petitioner, both as set forth in its petition, and as presented in argument at the hearing is, first, that a referee of the commission held a hearing without notice to the petitioner, and without its being represented, at which hearing testimony directly controverting the contention of the petitioner was presented without any opportunity for cross-examination, and that the commission subsequently refused to reopen the case to permit of such cross-examination and the introduction of counter-testimony; and, second, that a portion of a deposition taken in an action to which neither the petitioner, nor the Sibley Company was a party was admitted in evidence…