United Dredging Co. v. Industrial Accident Commission

Certiorari to review an award of the Industrial Accident Commission. In a proceeding filed with such Commission against United Dredging Company and its insurance carrier, the Ocean Accident and Guarantee Corporation, Ollie Kopke alleged that she was the surviving widow of Joseph Kopke, an employee of petitioner Dredging Company, and that her husband while employed by such company as an electrician’s helper fell off a barge upon which he was working and was drowned. Petitioners herein appeared by answer and denied the jurisdiction of the Commission, alleging in effect that at the time of his death deceased was a member of the crew of a vessel afloat in navigable waters and that the case was one under admiralty jurisdiction. They further denied that the death arose out of and in the course of the employment. Hearing was had and it appeared in evidence that the deceased, who was 22 or 23 years of age, was employed as an electrical helper, deck-hand and all-around man on a dredger operated by United Dredging Company, which was dredging in the navigable waters of San Francisco Bay and particularly in that part known as Richmond Inner Harbor. The dredger was operating in water varying…