Landsrath

Landsrath v. Industrial Accident Commission

Good Law
1926 Cal. App. LEXIS 451·77 Cal. App. 509·247 P. 227
Court of Appeal of CaliforniaApril 21, 1926Docket No. 5275.California2,805 words

Opinion

Lead Opinion

Houser, J.

The purpose of this proceeding is to review an award made by the respondent Industrial Accident Commission.

From the return herein it appears that one A. H. Landsrath was killed while engaged in his employment and that in due course the respondent Commission made an award in the sum of four thousand nine hundred dollars in favor of the infant daughter of the deceased. The petitioner herein, who claims to be the widow of the deceased, was denied any relief; and it is because of such latter fact that a reviewal of the proceedings before the Industrial Accident Commission is sought by petitioner, to the end that her rights may be finally determined.

It is conceded by the parties hereto that the reason for the failure of the Commission to award any relief to the petitioner was predicated upon its finding of fact as follows:

The power of this court to review findings of fact by the Industrial Accident Commission is limited to a \ consideration of the question of whether there is any sub- . stantial evidence upon which such findings may rest. In , the absence of evidence to support a given finding, it can- \ not stand; but if with relation to such finding a mer e conflict appears…

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