Simpson

Simpson v. Industrial Accident Commission

Good Law
1927 Cal. App. LEXIS 63·87 Cal. App. 652·262 P. 469
Court of Appeal of CaliforniaDecember 19, 1927Docket No. 5756.California381 words

Opinion

Lead Opinion

York, J.

On petition for review.

The undisputed evidence in this case shows that the injured employee received his injury when a tower on which he was working toppled over, and at the time the tower so fell it was not guyed in accordance with safety order No. 1113 (h) of the general construction safety orders of the Industrial Accident Commission, which had been served upon the employer. There is no merit in the claim that such tower did not have to be guyed at all until completed. From then on the record discloses a conflict as to practically all material points to be considered on the hearing of this writ, but the fact remains that in the voluminous transcript filed in connection with the return to the writ for review there is sufficient evidence to support each conclusion found by the Commission. It is true that a great many of the findings are in general form, but nevertheless are in such form as has been approved heretofore by the supreme court of this state.

It may be that the evidence would have justified a finding that the employers were not guilty of serious and wilful misconduct. But the Commission has passed upon this matter, upon sufficient, evidence, and it is not for us to…

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