Commercial Casualty Insurance v. Industrial Accident Commission

This proceeding was instituted for the purpose of annulling an award of the Industrial Accident Commission against the petitioner, requiring it to pay to the treasurer of the state of California, for the benefit of the “subsequent injuries fund” the sum of $300. The proceeding was instituted and the award made under an amendment by the legislature of 1929 to the Workmen’s Compensation, Insurance and Safety Act of 1917 (Stats. 1929, p. 420), - which for the sake of brevity will be hereinafter referred to as the Workmen’s Compensation Act. The *211 amendment so far as it applies to the questions presented in' the present proceeding is designated as section 9 (b) (10) of the Workmen’s Compensation Act, and reads in part as follows:

The facts upon which this proceeding is predicated are, briefly stated, that one W. Pitts, while employed as a laborer on August 14, 1929, at Oakland, California, by Eex Floor Company sustained injury arising out of and occurring in the course of his employment, which injury caused the death of said employee on the same day; that at said time said employer’s insurance carrier for workmen’s compensation was the petitioner herein, the Commercial Casualty…