Helmuth

This matter comes before us upon a writ of review, and we are asked to annul the award of the Industrial Accident Commission granting to Henry Hettinger $50.64 for medical service and indemnity for temporary disability at the rate of $14.82 a week until the termination of the disability or the further order of the commission.

The applicant was injured by an explosion while blasting holes for the defendants upon some farm land near Fresno. The facts will be related in connection with the discussion of the several points raised by petitioners. The first of these is that there is a material variance between the application filed with the Industrial Accident Commission and the proof offered at the hearing.

The applicant stated in his application for adjustment of claim that he was paid one and one-fourth cents per hole and blasted about 400 to 450 holes a day. The commission found: “The rate of pay of the said employee in said employment was one and one-quarter cents for each hole blasted, and the average daily earnings at said rate equaled $4, working six days in the week. The average weekly earnings were $22.80.”

It is true there is a conflict in the testimony upon this question…