Royal Indemnity Co. v. Industrial Accident Commission

Petitioners ask this court to review an award of the Industrial Accident Commission rendered in favor of Peter Serna against Kahn Construction Company and its insurance carrier, Royal Indemnity Company. The Commission found that Serna had sustained an injury arising out of and in the course of his employment by the Kahn Construction Company, caused by running a steel sliver into his right hand, resulting in infection.

The facts are as follows: On the dates December 22, 23, 26 and 27 of 1930 Serna was employed by the Kahn Construction Company, building contractors, in the capacity of laborer, his duties including that of assisting in the handling of steel plates about sixteen inches square and one or one and one-half inches thick, which were used in the construction of the building. While so engaged, according to the witness Martinez, who was working with him on December 27th, at about a quarter to 4 in the afternoon Serna said to him in Spanish, “I thought I got a sliver.” The witness was asked, “Did you understand him to say at that time that he got a sliver in his hand? A. Yes, sir. Q. That was on the last day that you worked together for the Kahn Construction Company? A. Yes.”…