Kennedy v. Industrial Accident Commission

This is a petition by P. R. Kennedy for the review of an amended award made against him by the Industrial Accident Commission. Petitioner was the employer of Byron J. Millard, deceased, who was killed on October 9, 1918, while in petitioner’s employ. The commission awarded a death benefit to the applicants therefor, the parents of young Millard. The sole question presented is this: The applicants for the death benefit having failed to apply to the commission, within the time provided by the statute, for a rehearing, did the commission, nevertheless, have the power to amend the award after the expiration of the time within which application could have been made to it for a rehearing?

The facts necessary to an understanding of the question are these: The Western Indemnity Company, an insurance carrier, agreed to respond to any damage that might occur on account of injuries or death suffered by any employee of Kennedy in -and during the course of, and arising out of, the operation of the trade, business, or work described in its policy of indemnity insurance. The injury that caused the death of young Millard was sustained in the course of, and arose out of, his- employment by…