People v. Standard Oil Co.

On January 13, 1930, one Jack P. Dunn sustained injuries arising out of and in the course of his employment by the defendant, which caused his death on the same day. The defendant is a self-insurer under and by virtue of the provisions of the Workmen’s Compensation, Insurance and Safety Act, and the said Dunn left no dependents. On August 4, 1932, this action, based upon the provisions of section 9, (b) 2 (10) of chapter 222 of the Statutes of 1929 (page 423 et seq.), was brought by the Industrial Accident Commission in the name of the People of the State of California, to collect from the defendant the sum of $300 alleged to be due and owing from the respondent to the State of California on account of said death. A demurrer to the complaint was sustained on the ground that the same failed to state a cause of action and from the ensuing judgment this appeal has been taken.

The main question presented is whether those portions of this amendment to the Workmen’s Compensation Act which provide for the creation and enforcement of an employer’s liability, in compensable death cases where the employee leaves no dependents, to pay the sum of $300 into what is known as the subsequent…