Argonaut Insurance Exchange v. Industrial Accident Commission

Petitioner seeks the annulment of an award of death benefits made to a surviving widow and children by a panel of respondent commission, and of an order of the panel denying petitioner ’s application for reconsideration. The panel made the challenged award following its reconsideration of a referee ⅛ order approving a compromise and release. Petitioner contends that the commission through its panel lacked jurisdiction to substitute its decision for that of the referee. Petitioner also contends that the panel’s findings were insufficient, and it questions whether there was substantial evidence “based upon the entire record”.to support the panel’s award. Upon a review of the record and the applicable statutory provisions, Ave have concluded that petitioner’s contentions cannot be sustained.

Decedent died on August 27, 1955, from an acute coronary occlusion. He had a preexisting heart condition. His widow and minor children claimed that the fatal heart attack resulted from exceptional stress and strain incident to the deceased’s occupational activities. After several protracted hearings before a referee, the parties on October 15, 1956, filed a compromise and release for $5,000.…