Jones

Jones v. Industrial Accident Commission

Good Law
1921 Cal. App. LEXIS 314·53 Cal. App. 367·200 P. 50
Court of Appeal of CaliforniaJune 30, 1921Civ. No. 3530.California1,111 words

Opinion

Lead Opinion

James, J.

Certiorari to review proceedings had and award made in the matter of the claim of one Rush heard 'by the Industrial Accident Commission. Award for compensation in the sum of several hundred dollars was made in favor of Rush against the petitioner here and the latter contends that the findings and award are not supported by the evidence. It is particularly insisted that under the evidence the commission erroneously found that the employment of Rush was not casual. The second contention, which refers again to the evidence, is that the principal injuries for which compensation was awarded were not shown to have been sustained by the claimant while in the employ of petitioner, and that .the claim as to such injuries was fraudulent. [1] The authority of this court in making a review of the evidence heard before the Accident Commission upon which an adjustment of a claim is made is limited to determining whether there is any evidence to be found in the record which will support the findings as made. In other words, that an award will be annulled only where there is no evidence to support it. [2] The transcript of the evidence shows, in that part setting forth the testimony given by the…

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