Pacific Gas & Electric Co. v. Industrial Accident Commission

Heretofore Edward A. Mullane had suffered from tuberculosis but the disease ceased to progress. While the disease was quiescent he took employment under the Pacific Gas and Electric Company. While so employed and within the course of his employment he suffered an injury which resulted in the activation of the pre-existing tubercular condition in the laryngeal and spinal region. Soon afterward he died. An application by his widow was made to the defendant Commission to fix the compensation. After certain proceedings had it filed an award denying any compensation. The widow filed a petition for a rehearing. The petition was denied and thereafter she applied for a writ of review. The writ was granted by the first division of this court. Later the court handed down a decision, Mullane v. Industrial Acc. Com., 118 Cal. App. 283 [ 5 Pac. (2d) 483 ]. After the remittitur went down the application was again called up before the defendant Commission. No further evidence was taken, but the matter was submitted to the defendant Commission for it to make an award in compliance with the mandate of the court. Thereafter, on the twenty-second day of March, 1932, the defendant Commission filed…