Mustain

The petition filed herein on January 6, 1933, asks for a review “of that certain record and award made by the Industrial Accident Commission of the State of California, dated December 7, 1932, in favor of the defendant employer and its insurance carriers and against the applicant employee”. In fact, there was no “award” made at that time, but the Commission did, on that day, enter an order denying a petition which had been filed on November 5, 1932, wherein the claimant asked “for further re hearing and for a reopening of the case under section 20 (d) ” of the Workmen’s Compensation, Insurance and Safety Act of 1917. Said petition of November 5tli was directed to the prior proceedings which, on October 17, 1932, and after a rehearing once granted, had culminated in an award with which the petitioner was not satisfied.

Instead of giving us a convenient history of the case, counsel have left it for us to glean the dates and events from various portions of the pleadings.

The employer was Bullock's Department Store. The first injury to this employee occurred on August 10, 1929, at which time Lumbermen’s Mutual Casualty Company was the insurance carrier. The second injury occurred on…