Zurich General Accident & Liability Insurance v. Industrial Accident Commission

Petition to review and annul an award of the Industrial Accident Commission.

The respondent, Theodore N. Lidberg, while employed as an interior decorator in Oakland, on March 17, 1928, sustained an injury occurring in the course of and arising out of his employment when a scaffold on which he was working collapsed and fell, injuring his left leg. On the 17th of May following he filed his application for adjustment of claim with the respondent Commission. After a hearing the Commission found the extent of the employee’s disability and on rehearing made its award entitling the employee to $20.83 a week for 151 weeks amounting to $3,145.33. It found the accrued compensation to July 19, 1930, to be $2,520.43, of which $2,291.30 had been paid by the employer’s insurance carrier, petitioner herein, and a balance due and to become due of $854.03. The employee commenced an action for damages in Alameda County on October 17, 1930, alleging negligence causing said injury on the part' of the defendants in said action, who were third parties. After four days of trial the cause was compromised and settled with the approval of the superior court for the sum of $10,000. The judgment was…