Western Indemnity Co. v. Industrial Accident Commission

Certiorari to review an. order of the Industrial Accident Commission whereby an award of compensation was made to William Pavlovic as a dependent of his son, Nick Pavlovic, who died from injuries sustained by an accident while in the employ of John R. Click, who held an insurance policy issued by the Western Indemnity Company covering such liability.

It appears from the record that William Pavlovic has at all times lived in Austria; that the accident wherein his son, who was a common laborer, sustained the injuries as a result of which he died on September 5, 1915, occurred on September 2, 1915. The application for adjustment of the claim was filed on August 17, 1916, by Stephen Pavlovic, as attorney in fact of William Pavlovic, to whom he bore no relation. Authority for such action had and taken by Stephen Pavlovic was an unauthenticated letter received by him from William Pavlovic, which letter was not written or signed by the latter, but for him by another. In our opinion, this unauthenticated letter written by the father purporting to authorize Stephen Pavlovic to act in the matter constituted no legal authority for the action taken by Stephen Pavlovic in filing the…