Northern Redwood Lumber Co. v. Industrial Accident Commission

Good Law
34 Cal. App. 2·166 P. 828
Court of Appeal of CaliforniaJune 2, 1917Civ. No. 1612.California2,624 words

Opinion

Lead Opinion

Hart, J.

Writ of review. The applicant, Oliver B. Harvey, was the father of Harry Clifford Harvey, who, on May 19, 1916, was drowned in a mill-pond, being at the time in the employ of petitioner, Northern Redwood Lumber Company. The award of the Industrial Accident Commission was in favor of the applicant and against petitioner in the sum of $540.

Petitioner urges two points against the correctness of the award: 1. The evidence does not sustain findings 6 and 7, made by the commission; and, 2. Error was committed by the commission in refusing to allow petitioner credit for one hundred dollars expended by it on account of the burial expenses of the employee.

Finding No. 6 is as follows: “That at the time of said injury the actual wages of the said employee were $2.75 per day, working six days per week, and that therefore his average annual earnings were $825, that the average weekly earnings were $15.87, and that sixty-five per cent thereof equals $10.31.”

Finding No. 7 is as follows: “That Oliver B. Harvey, the applicant herein, is the father of said deceased employee, and at the time of his death was partially dependent upon him for support; that the annual amount devoted by the…

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