Rodriguez

Rodriguez v. Industrial Accident Commimssion

Good Law
1923 Cal. App. LEXIS 159·64 Cal. App. 141·220 P. 1075
Court of Appeal of CaliforniaOctober 17, 1923Civ. No. 4740.California785 words

Opinion

Lead Opinion

Tyler, J.

Petition for a writ of review for the purpose of determining the lawfulness of an original award made by the' Industrial Accident Commission in favor of respondents, and denying petitioners compensation for the death of one Joseph Rodriguez. The petition is also for the purpose of having determined the lawfulness of the order of the Commission denying applicants’ petition for a rehearing in the matter of the award.

The applicants are the parents and the minor brothers and sisters of deceased, who' was seventeen years of age and was employed by respondent, Pacific Box Company, at its plant located at San Francisco. Both the employer and employee were subject to the provisions of the Compensation Act (Stats. 1917, p. 831), and the employer was insured against liability by respondent Federal Mutual Liability Insurance Company.

On the eleventh day of December deceased, while attending to his duties in operating a circular saw, was injured, so it is alleged, by a piece of timber which had caught in some machinery in the vicinity of where he was working and thrown in the air in his direction. Shortly thereafter he sank to the floor on his hands and knees. No one saw him struck. lie…

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