Northern Redwood Lumber Co. v. Industrial Accident Commission

The facts of the case are these: Albert C. Lay, an employee of the Northern Redwood Lumber Company, the petitioner herein, was killed while in course of such employment on February 24, 1916. An application for an award was filed by the parents of the deceased on March 10, 1916, against the said employer, no reference being made in the application to the existence of any insurance carrier. The employer filed its answer on March 21, 1916, raising certain issues but not setting up the fact of its insurance. On March 27, 1916, however, the California Casualty Company, which was at the time of said casualty the insurer of the Northern Redwood Lumber Company, 'filed its appearance and answer in the case in its capacity as such insurer, and was thereupon joined as a party defendant. The matter went to hearing before the commission, and its award was entered June 13, 1916, in favor of the applicants and against both the employer and its insurer. No petition for rehearing was filed and nothing further was done in the proceeding except that the insurer made for some period of time the payments which were provided for in said award. On June 30, 1919, three years after the making of said…