John A. Roebling's Sons Co. v. Industrial Accident Commission

Petitioners herein seek to have annulled an award made in favor of Ellen J. Bundshu by the Industrial Accident Commission. Said Bundshu is the alleged widow of Joseph G-. Bundshu. The commission determined that Bundshu, who died on or about the tenth day of December, 1916, came to his death through accidental means while he was in the employ of petitioners Roebling’s Sons Company. It is the contention of petitioners that the award cannot be sustained; that, first, it was not shown that the death of Bundshu was produced by causes arising out of his employment ; second, that it was not shown that Ellen J. Bundshu was the widow of the decedent.

At the time of his death Bundshu was employed as night watchman and janitor in the Roebling’s Sons Company’s plant in the city of Los Angeles. His duties were to keep watch over the plant during the night-time and to do necessary janitor work about the offices of the company. The local manager of the company testified that he had made up the compensation of Bundshu, which was $85 per month, by calculating about $60 as proper compensation for the watchman service and $25 for the janitor work. This witness testified: “I figured twenty to $25 a…