Greenwell

Greenwell v. Industrial Accident Commission

Good Law
132 Cal. App. 653·1933 Cal. App. LEXIS 327·23 P.2d 422
Court of Appeal of CaliforniaJune 19, 1933Docket No. 9132.California397 words

Opinion

Lead Opinion

Complainants are the widow and minor child of Arthur C. Greenwell, who on April 21, 1931, received a compensable injury while working for the Santa Barbara Yacht Club. His death occurred on September 27, 1931. The award by the commission allowed compensation for two and two-sevenths weeks for temporary total disability caused by the injury. But the commission decided that the evidence does not establish that the death of the employee was proximately caused by the injury. For this reason compensation by way of death benefit was denied.

On application made by the insurance carrier the commission, on September 28, 1931, made its order for an autopsy to be performed upon the body of the deceased. This order was served on the widow, Mrs. Greenwell, who refused to permit the autopsy to be made. In the reply filed by the attorneys for petitioners to the answer filed by the commission in this proceeding, they state that it is their conclusion from the evidence of certain witnesses that an autopsy was not refused. But they do not state the evidence of those witnesses on this question, although it appears from other portions of the reply that they had before them the transcript of the…

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