Fireman's Fund Indemnity Co. v. Industrial Accident Commission

In each of the above matters we have before us for review an award by the respondent commission by which petitioner, Fireman’s Fund Indemnity Company, hereinafter called “Fireman’s,” was denied a lien for the full amount paid by it to the injured employee as unemployment insurance benefits.

The parties have stipulated that the judgment rendered in the matter first designated in the caption (in which Ries is the claimant) shall govern insofar as applicable, the decision in the second matter designated and that judgment shall be entered in that case accordingly. George L. Ries, Claimant. 2nd Civil Number 23695.

The facts: Ries was an employee of the Madison Iron and Sheet Metal Company; respondent California Casualty Indemnity Exchange, hereinafter called “Indemnity Exchange,” was the compensation insurance carrier for that company. Petitioner, Fireman’s, had issued a policy of insurance under a voluntary plan adopted by the employer and its employees pursuant to the provisions of the Unemployment Insurance Code (Div. 1, pt. 2, ch. 6).

Ries asserted a claim against his employer alleging that he had on December 3, 1956, while in the scope and course of his employment, sustained a…