California Casualty Indemnity Exchange v. Industrial Accident Commission

Good Law
190 Cal. 433
Supreme Court of CaliforniaFebruary 17, 1923L. A. No. 7410California1,838 words

Opinion

Lead Opinion

Waste, J.

This is a proceeding to review and have annulled an award of the Industrial Accident Commission against petitioner, the insurance carrier of the Union Ice *434 Company, employer of Charles W. Young, deceased, made in favor of his widow and his minor son, in the maximum amount for death benefit allowed under the Compensation Act.

The facts are undisputed. Petitioner’s statement thereof, accepted by the respondents, is as follows: “The Union Ice Company is engaged in the manufacture and delivery of ice in Los Angeles and vicinity, with plants at Hollywood and elsewhere. Delivery routes are laid out by its route foreman to enable its customers to be supplied in the most efficient and economical manner, and so laid out as to avoid the necessity of covering the same streets twice in any one day. Each driver is assigned to a designated route and one that he can cover in an average day, usually fairly early in the afternoon, and is through for the day and at liberty to go home as soon as the assigned route has been covered. The drivers are given more or less leeway in the time and manner of covering the route, and are expected to get their lunch during the day. No specified hour is set…

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