United Dredging Co. v. Industrial Accident Commission

Petitioners seek by certiorari and mandamus to compel the Industrial Accident Commission to reopen a proceeding previously determined by it under the authority of section 20d of the Workmen’s Compensation Act (Stats. 1917, p. 850), and to annul its award of a death benefit made in said proceeding in favor of Ollie Kopke, the widow of Joseph Kopke, who was drowned while in the employ of petitioner United Dredging Company, for which petitioner Ocean Accident and Guarantee Company is the insurance carier. The parties have stipulated that the petitions for review and mandamus should be heard, considered and decided as one proceeding.

The said award which petitioners seek to have annulled was affirmed by the District Court of Appeal upon certiorari on May 22, 1928. (United Dredging Co. v. Industrial Acc. Com., 92 Cal. App. 110 [ 267 Pac. 763 ].) No petition for a hearing of said decision by this court was ever filed. On June 3, 1929, petitioners filed an application with the Commission, praying that it reopen the ease and annul its award theretofore made. The Commission denied said application. It is the lawfulness of said order of denial which petitioners seek to have determined in…