James L. McLaughlin Co. v. Industrial Accident Commission

A proceeding in certiorari to review an award made by the Industrial Accident Commission.

On December 7, 1926, George Heine filed an application with the Commission for the adjustment of a claim for compensation, the defendants named in the application being James IT. McLaughlin (whose true name was James L. Me Laugklin), who was alleged therein to he the employer of the applicant, and the New Amsterdam Casualty Company, the alleged insurance carrier. The defendants named appeared in the proceeding and McLaughlin testified at the hearing. The Commission on January 29, 1927, made an award for normal compensation against McLaughlin, who, according to the findings, was the employer, and the New Amsterdam Casualty Company, found to be the insurance carrier, and awarded the applicant a further sum based upon the serious and wilful misconduct of the employer in failing to comply with the safety orders of the Commission.

After the award was made defendant McLaughlin filed a petition for a rehearing, alleging that the applicant at the time of the injury was employed by the James L. McLaughlin Company, a corporation, of which the defendant was president. A rehearing was granted, and on…