Public-domain · open source
OpenJurist

64 Ind. App. 102

Highfield v. Duffy

Indiana Court of Appeals

Decided March 14, 1917

Indiana Court of Appeals · decided 1917-03-14

From the Industrial Board of Indiana. Application under the Workmen’s Compensation Act by Hallie K. Duffie and others to be relieved from further payment under a former award to John Highfield. From an award for applicants, Highfield appeals.

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1917-03-14

How this case has been cited

Cited by 10 later decisions — most recently September 1981

10 state decisions

4019171920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Ibach, P. J.

¶1Appellees made application under §45 of the Indiana Workmen’s Compensation Act (Acts 1915 p. 392) for the review of a former award on the ground of a change in condition. A hearing was had before less than the full board and a new award made on October 27, 1916, relieving appellees from payment of further compensation to appellant after October 4, 1916.

¶2*103This is an attempted appeal from the award made on October 27, 1916. Appellees have filed their verified motion to dismiss the appeal on the ground that the appeal was not taken within the time provided by §61 of said act, which provides: “An award of the board, as provided in section 59, if not reviewed in due time, or an award of the board upon such review as provided in section 60, shall be conclusive and binding as to all questions of fact, but either party to the dispute may within thirty days from the date of the award appeal to the appellate court for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.”

¶3The transcript and assignment of errors were not filed in this court until January 27, 1917, more than thirty days from the date of the award. It follows that the appeal was not taken within the time provided by said act, and therefore this court is without jurisdiction to determine any of the questions sought to be presented.

¶4Appeal dismissed.

¶5Note. — Reported in 115 N. E. 347. Time for appeal from award under the Workmen’s Compensation Act, L. R. A. 1916 A 178, 266. See also 3 C. J. 1043; 2 Cyc 789.

/64/indapp/102 · .json · Public domain