Brandon

Petitioner, as guardian ad litem of the minor dependents of James Lynd, deceased, seeks to review an order of the Industrial Accident Commission denying compensation for the death of said deceased.

James Lynd was employed as a miner by the Old Gold Mining Company at Bodie, California. He claimed to have suffered severe pain from lifting a heavy ore car about September 9, 1928. He continued to work, however, until September 11, 1928, when he attempted to pull a bell rope and collapsed. He was assisted to his home, where he was attended by a local doctor. The following day he was removed to a hospital under the care of another doctor. Subsequently he was taken to the University of California Hospital at San Francisco, where he died on December 15, 1928. The autopsy established the cause of death as peritonitis following a perforation of a duodenal ulcer. Although testimony was presented on behalf of petitioner that the deceased had never been sick, the deceased, himself, in the words of his doctor’s report, “gave a previous history of hyperacidity of the stomach and upper abdominal indigestion”. In addition to this, the autopsy of Dr. Reinhardt showed several other duodenal ulcers…