County of Los Angeles v. Industrial Accident Commission

This is an application for a writ of certiorari for the purpose of reviewing an order of award and commutation thereof, made by the Industrial Accident Commission in favor of the widow of an employee which employee was killed in the course of his employment with the petitioner, County of Los Angeles.

By the order of commutation, in lieu of a direct payment to the widow, the County of Los Angeles was ordered to pay to each of certain general creditors of the deceased, or of the widow, a fixed sum of money in satisfaction of the debt owing to such creditor—the aggregate amount thereof to be deducted from the total award as commuted, and the balance thereof to be paid to the widow.

The petitioner herein objects to such order of commutation on the ground that the direction therein to pay a portion of the award to general creditors is in excess of the power conferred by the statute upon the Commission.

It is admitted by the Commission that no express provisions can be found in the statute by which it is given the authority to make that part of the order to which specific objection is made; but it is contended that by reason of certain general provisions contained within the terms of…