Engels Copper Mining Co. v. Industrial Accident Commission

This proceeding is one seeking the annulment of an award of the Industrial Accident Commission. One Rebstoek was taken ill with influenza while in the employ of the petitioner, a mining company, .resulting in an affection of the heart which incapacitated him for anything but light work. For this he claimed and was awarded compensation. Two grounds are advanced for the annulment of the award; first, that injury by disease is not an injury for which compensation could be awarded under section 21 of article XX of the constitution as it read before its recent amendment and at the time Rebstoek contracted influenza, and, second, that the disease was not incurred by him as the result of his employment.

[1] The case markedly resembles what is known as the Slattery case, San Francisco v. Industrial Acc. Com., ante, p. 273, [ 191 Pac. 26 ], decided by us since the submission of the present case, and the question presented by the first ground urged for annulment, which is purely a question of law, was there discussed and determined adversely to the contention of the petitioner here. No discussion therefore of that question is necessary other than a reference to that decision and the…