Louden

Louden v. Industrial Accident Commission

Good Law
105 Cal. App. 65·1930 Cal. App. LEXIS 654·286 P. 1045
Court of Appeal of CaliforniaApril 2, 1930Docket No. 3860.California2,420 words

Opinion

Lead Opinion

Plummer, J.

This cause is before us upon the petition of the above named, praying for an order of this court annulling the award heretofore made in determining the dependents of John Louden, deceased.

The facts show that John Louden, an Indian, forty-seven years of age, while employed by the respondent Pacific Lumber Company, a corporation, was killed on or about the twenty-seventh day of March, 1928; that his death occurred in the course of and arose out of his employment. The respondent Lumber Company was self-insured, and both employer and employee were subject to the provisions of the Workmen’s Compensation Act. The award of the Commission was to the effect that five minor children of the deceased were his sole dependents and entitled to share in the death benefit, found to be the sum of $5,000. Finding No. 4 of the Commission affecting the petitioner herein, is as follows: “4. Winnie Gilmore Louden was not the wife of said employee on said date, and was not dependent on the decedent within the meaning of said act.” The minor children above referred to were the children of a wife of the decedent from whom he had been divorced, and, so far as the record shows, were being wholly supported…

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