International Indemnity Co. v. Industrial Accident Commission

This matter comes before the court upon a writ of certiorari, the petitioner asking that an award of the Industrial Accident Commission of California be reviewed by this court.

It appears from the record that Terry D. Foster, an unmarried man, met his death while in the course of his em ployment with the Reliance Oil Company at Huntington Beach, California. The" deceased left surviving him a mother and father and also four brothers and sisters, who were minors. At the time of Foster’s death, and for some time prior thereto, he was residing with his mother, father and family, although he was absent from home temporarily in his employment. The home located at Los Alamos stood in the name of the mother and was subject to a $2,000 mortgage, which was made payable in monthly installments of $50 each. At the time of the accident, and for several months prior thereto, the deceased had been working at Huntington Beach and had been monthly sending $50 to his mother at Los Alamos. The father of the deceased was working in the oil fields near Norwalk, and was sending to his wife on an average of $3.62% a day. The wife and mother maintained the home for the four minor children, who were…

I am not prepared to agree that payments of the character here in question would be a sufficient basis for compensation beyond the point where the amounts of the payments made to be applied on the mortgage were the reasonable equivalent of rental of the premises. But under the findings, which I think are justified by the evidence, it may fairly be inferred that the payments which were applied on account of the mortgage indebtedness were nothing more than a substitute for rental which otherwise would have been paid for leased premises occupied by the family.

Subject only to this reservation of opinion on the point stated, I concur in the decision.