London Guarantee & Accident Co. v. Industrial Accident Commission
Opinion
Lead Opinion
Shaw, J.
This is an application to review a decision of the Industrial Accident Commission awarding compensation to Eva Oberg and Mary Oberg on account of the death of John M. Oberg, who at the time of his death was the husband of Eva Oberg. Mary Oberg was the mother of said John M. 0-berg. It is admitted that the injuries which caused the death of John M. Oberg were caused by accident arising out of and in the course of his employment. The only questions for consideration relate to the amount of compensation to be awarded and the rights of the beneficiaries to receive the same.
The injury occurred on November 30, 1918. Oberg and his wife at that time had not been living together for nearly two years. In December, 1917, Eva Oberg began an action for divorce against John M. Oberg, alleging in the complaint as cause for divorce the willful failure pf said Oberg to provide her with the common necessaries of life for more than a year prior to the beginning of the action. The complaint did not ask alimony or other provision for her support or for an award of property. Oberg was a nonresident of the state and summons was served -by -publication only. In that action, on April 16, 1918, she…