D'Iorio v. United States Rubber Co.
D'Iorio v. United States Rubber Co.
Opinion of the Court
This is an employee’s petition for workmen’s compensation. The case is here on the petitioner’s appeal from a decree of the workmen’s compensation commission reversing the decree of a single commissioner in favor of the petitioner. In prosecuting her appeal to this court the petitioner relied upon the transcript which the respondent had procured and filed in prosecuting its appeal from the single commissioner’s decree. She neither applied for nor filed any transcript of her own, nor was there any agreement between her and the respondent that she might avail herself of the transcript already on file in the case.
In these circumstances respondent filed a motion to dismiss the petitioner’s appeal: “(A) On the ground that petitioner has failed to request, pay for and file a transcript of the testimony and rulings in said cause, as required by law; (B) On the ground of lack of jurisdiction.” The case is before us solely for the consideration of such motion.
The basic question raised by respondent’s motion may be stated as follows: Is an appellee before the full commission who has obtained a favorable decree from the single
Upon consideration of the instant circumstances and in the light of that procedure, we are of the opinion that petitioner was not required to procure and file an additional transcript for the following reason. When respondent appealed to the full commission it was its duty to procure and file a transcript in order that the commission could perform its appellate function under general laws 1956, §28-35-28, and review the decree appealed from “upon the record of the case * * Thereafter the transcript so filed became a part of that record on appeal. It was upon that record the full commission concluded that the single commissioner erred. Nothing new was added nor could be added thereto on the respondent’s appeal.
The petitioner’s appeal raises a question of the correctness of the full commission’s decree solely on that record. She cannot add anything thereto on her appeal to this court. For her to file another transcript, which would only
The respondent’s motion to dismiss the appeal is denied.
Reference
- Full Case Name
- Philomena D'Iorio v. United States Rubber Company
- Status
- Published