Georgia Casualty Co. v. Industrial Accident Commission

Good Law
1927 Cal. App. LEXIS 103·87 Cal. App. 333·262 P. 394
Court of Appeal of CaliforniaDecember 7, 1927Docket No. 5641.California888 words

Opinion

Lead Opinion

York, J.

On writ of review of a finding and award by the Industrial Accident Commission rendered in favor of Whi Rim Lee, Duck Wha Lee, and Chan Hi Lee, applicants, of a death benefit and burial expenses in the total sum of $1,745.25, on account of the death of an employee named Yili Soo Lee, and dismissing the employer from the proceeding and discharging him from liability therein.

The first objection of petitioners herein is based upon the fact that the death of the employee Yili Soo Lee was not directly caused by the incision of the left thumb which severed a tendon, which incision was received in the course of employment, but was caused solely by reason of the administration of a general anesthetic, which the doctors testified was necessarily administered to cause a relaxation of the tendon so that the same might be properly stitched together, the undisputed evidence in the case showing that the death of the employee was caused by such anesthetic by reason of some persistence of a gland in the neck, a gland which is usually present only in infants; a very rare condition to exist in a person of his age, and which condition could not have. been discovered before death, and being such a…

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