Marshall

On the seventh day of March, 1913, at Sacramento, the applicant, F. P. Marshall, was seriously injured by the falling of a concrete tower. He was an employee of the Ransome Concrete Company, and there is no dispute that he became subject to the provisions of the Workmen’s Compensation Act. Appellant was the insurance carrier, and it paid him sixty-five per cent of his average weekly wages from the eighth day after the injury up to the eleventh day of September, 1914, when appellant concluded that the disability was not more than fifty per cent of total, and it paid compensation at the rate of $9.37 per week up to and including the ninth day of January, 1915, when further payments were discontinued. On February 2, 1915, Marshall filed with the Industrial Accident Commission his application for adjustment of his claim for further compensation. The claim was resisted on the grounds: 1. That the Industrial Accident Commission had no jurisdiction over a controversy arising out of an accident which occurred on March 17, 1913; and, 2. “That it would be possible by an operation to reduce the rate of disability to twenty-five per cent of total and inasmuch as applicant refuses to have such…