Contractors I. Exch. v. Indus. Acc. Com.

Certiorari for the purpose of having determined the lawfulness of a certain order and award made by the Industrial Accident Commission. The record discloses the following facts: Judge King, aged fifty-one years, was on or about November 29, 1923, employed as a laborer by the Hutchinson Lumber Company at Oroville, California. On the date last mentioned he sustained an injury arising out of and in the course of his employment when he was struck by a piece of lumber proximately causing injury of a serious nature, to his hip and back. Both employer and employee were subject to the provisions of the Workmen's Compensation Act (Stats. 1913, p. 279). Petitioner Contractors Indemnity Exchange was the insurance carrier of the employer. On May 28, 1924, King filed an application with the respondent Commission for compensation benefits, reciting that Contractors Indemnity Exchange had stopped payments on March 5, 1924, because of his alleged refusal to submit to an operation. Hearings were held on June 13, 1924, at Oroville, and on August 12, 1924, at San Francisco, at which times medical reports relating to the injuries of the employee were filed. Upon said hearings and medical reports the…