[DOWNLOAD] "Burge v. Richton Municipal Separate School District" by Mississippi Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Burge v. Richton Municipal Separate School District
• Author : Mississippi Court of Appeals
• Release Date : January 16, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Prohibition — Jurisdiction of Supreme Court — Master and Servant — Workmens Compensation — Industrial Accident Board has Continuing Jurisdiction Over Awards — Lump Sum Settlements — When Doctrine of Res Adjudicata Inapplicable. Prohibition — Where District Court Exceeds Jurisdiction in Entertaining Application, Supreme Court may Prohibit It from Proceeding Without Awaiting Its Action in the Premises. 1. Where the district court exceeds its jurisdiction in entertaining an application for writ of prohibition, and application is made to the supreme court for like relief by the aggrieved party, there is no reason why the latter tribunal should permit the former to proceed in an attempt to exercise jurisdiction which it does not possess and await its action before exercising its discretion in entertaining relators application. Same — Workmens Compensation — Industrial Accident Board has Continuing Jurisdiction Over Awards and may Entertain Application for Conversion of Weekly Payments into Lump Sum Settlement, After Decision by District and Supreme Courts. 2. Under sections 2952 and 2956, Revised Codes (Workmens Compensation Act), the Industrial Accident Board has continuing jurisdiction over its orders and awards, and may amend and alter them to meet changed conditions of the injured party, even to the extent of entertaining a petition asking for a lump sum settlement after decision by the district and supreme courts upholding the award of the board. Same — Conversion of Weekly Payments into Lump Sum Settlement After Decision on Appeal — When Doctrine of Res Adjudicata Inapplicable. 3. Since the district court has no original jurisdiction under the Workmens Compensation Act to entertain the question whether an injured employee shall be allowed to have his weekly payments converted into a lump sum settlement, jurisdiction over that matter being lodged in the Industrial Accident Board, the doctrine of res adjudicata may not be invoked by the employer-insurer as to that issue, in defense to a petition for a writ of prohibition to the supreme court to restrain the district court from taking further proceedings under a like writ involving the right of the Industrial Accident Board to hear claimants application for a lump sum settlement after decision on appeal upholding the award made by the board, where that issue was not, and under the facts could not have been, presented to the district court on appeal. Page 401

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