23-951. Writ of certiorari to review lawfulness
of award, order or decision upon review; procedure
A. Any party affected by an award by the commission or by a decision upon review
under the provisions of section 23-943 or by an order under the provisions of section
23-237 may apply to the court of appeals for a writ of certiorari to review the
lawfulness of the award, order or decision upon review.
B. The writ of certiorari provided by subsection A of this section and by section
23-943 shall be made returnable within ten days and shall direct the commission to
certify its record, proceedings and evidence to the court of appeals. The court of
appeals may quash or dismiss the writ of certiorari upon the grounds of dismissal
applicable to civil appeals. The review shall be limited to determining whether or not
the commission acted without or in excess of its power and, if findings of fact were
made, whether or not such findings of fact support the award, order or decision. If
necessary, the court may review the evidence.
C. Each party to the proceedings before the commission may appear in the court of
appeals.
D. The court of appeals shall enter judgment either affirming or setting aside the
award, order or decision.
E. The rules of civil procedure relating to certiorari shall apply so far as
applicable and not in conflict with this chapter.
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