Azevedo

(Mrs. Azevedo) filed an application with respondent Industrial Accident Commission claiming work-induced injuries. After hearings, the commission, exercising jurisdiction to determine jurisdiction, made findings which included (1) a determination that Mrs. Azevedo’s complaint involved “an intentional injury by . . . [her] employer’’ Emanuel Abel, and (2) that the commission lacked jurisdiction. On September 7, 1965, the commission made its ultimate order dismissing the proceedings for lack of jurisdiction.

We issued a writ of review to examine the question— the sole one among several presented which it is necessary to decide—does the commission have jurisdiction to award compensation for an injury intentionally inflicted by an employer upon an employee if the commission finds that the injury was incurred within the course of employment? We have determined that it does.

The incident out of which Mrs. Azevedo’s claim arises occurred on May 6, 1964. On June 23, 1964, she filed her application with the commission. Subsequently she filed a civil damage action in the Superior Court of Sacramento County against Abel, involving the same incident. That action is still pending. In…