Plath

Petitioner, an insane person confined in a state hospital, by her guardian, seeks to annul an award of the Industrial Accident Commission made against petitioner and in favor of the employer of her deceased husband and the employer’s insurance carrier.

The deceased employee and the petitioner were married in 1923 and thereafter moved to Kern County, where they resided together until their separation in February, 1925. In May, 1926, in San Francisco petitioner was adjudged insane and committed to the state hospital. In November, 1928, the deceased, while employed as a truck driver by the respondent employer, sustained injuries which resulted in his death.

The Commission found “That in and about the month of February, 1925, the said defendant, Lucy Plath, being then competent and in possession of her faculties, wilfully and wrongfully deserted the said employee, and then and thereafter continued to live separately and apart from bim, and the said employee then and thereafter for good and sufficient cause refused to contribute and did not contribute to her support or to any part thereof, and was not legally liable for her support, and said defendant was not dependent upon him at…