McNamara

McNamara v. Industrial Accident Commission

Good Law
130 Cal. App. 284·1933 Cal. App. LEXIS 916·20 P.2d 53
Court of Appeal of CaliforniaMarch 9, 1933Docket No. 8699.California2,058 words

Opinion

Lead Opinion

Sturtevant, J.

This is a proceeding to obtain a death benefit for the widow of D. S. McNamara, who died on Monday, October 12, 1931. The defendant Commission denied the application and she has asked for a writ of review.

In the year 1925 the decedent entered the employ of the Metropolitan Contra Costa Laundry Company. He was given employment in driving a Republic truck. The truck had no self-starter and it was necessary to crank it. Sometimes in the morning when it was cold there was some difficulty in starting it. At all times another employee was present to give assistance in doing the cranldng if assistance was necessary. At the time the decedent took up the employment the record does not disclose that he was suffering from heart trouble. On October 28, 1927, he underwent a medical examination which revealed that his heart was negative. In October, 1930, another examination indicated a slight reduplication of the mitral sound, but no further evidence of valvular or muscular disease. On September 23, 1931, another examination was made and “he was found to be suffering from mitral regurgitation with good compensation and mild glycosuria. Hospital care was not advised.” On Sunday, the day…

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