Department of Natural Resources v. Industrial Accident Commission

The petitioner herein seeks to have reviewed and annulled a decision and award of the Industrial Accident Commission, by the terms of which the widow and minor son of one Prank Machado was granted an award by the Commission upon the occurrence of the sudden death of said Frank Machado, who was drowned while acting in the capacity of a volunteer deputy of the Pish and Game Commission of the state of California. The undisputed facts are these: Prior to October 15, 1927, Prank Machado applied to the Pish and Game Commission for appointment to the position of volunteer deputy fish and game warden in the region of Watsonville. The Pish and Game Commis *15 sion approved his application, whereupon Machado subscribed to the oath of office and furnished the bond as required by the provisions of section 642 of the Political Code (as amended by Stats. 1927, p. 947), and also paid the fee of five dollars, required premium on said bond, and thereupon and on October 15, 1927, received his certificate of appointment as such volunteer deputy of said Commission. While serving in that capacity and on June 10, 1928, said Frank Machado was accidentally drowned through the capsizing of his motor-boat…