Fidelity & Casualty Co. of New York v. Industrial Accident Commission

This is an application for a writ of review after an award by the Industrial Accident Commission in favor of one Lester M. DeWitt against his employers, Jacoby Brothers, a corporation, and its insurer, The Fidelity & Casualty Company of New York, a corporation, the petitioners herein.

The facts of the ease upon which it is alleged by the petitioners that the commission arrived at an erroneous conclusion as a matter of law are set forth in the findings of the commission, which it is conceded there was evidence adduced before it sufficient to support. Said findings are as follows:

It is the concluding phrase of the foregoing findings which the petitioners assail as a legal conclusion not justified by the language of the Workmen’s Compensation Act as it read at the "time of the injury upon which the award herein was made. Section 12 of the Workmen’s Compensation Act, the so-called Boynton Act, as it stood in January, 1914, the time of the applicant’s injury, provided that “liability for the compensation provided by this act, in lieu of any other liability whatsoever, shall, without regard to negligence, exist against an employer for any personal injuries sustained by his employees…