Connecticut General Life Insurance v. California Unemployment Insurance Appeals Board

A peremptory writ of mandate was sought by the appellant for the purpose of obtaining a judicial review of a decision of the Unemployment Insurance Appeals Board in the matter of Marietta A. Boverud, Claimant; Douglas Aircraft Company, Employer. A demurrer to appellant’s amended petition for writ of mandate was sustained *879 with 10 days to amend, no amendment was filed, and the judgment appealed from recites that the action is dismissed, and a peremptory writ denied. There is no dispute as to the facts, and at the original hearing before a referee, stipulation was entered into concerning the facts.

As set forth in appellant’s brief, “Appellant, prior to October 16, 1953, was the voluntary carrier for ... a voluntary plan providing unemployment compensation disability benefits for employees of Douglas Aircraft Company, Inc. Effective 12 ¡01 A. M. October 16, 1953, the voluntary plan was discontinued. At that time . . . the Department of Employment through the Disability Fund assumed coverage . . . for all employees. ...”

The claimant became pregnant prior to August 17, 1953, at which time employment was voluntarily discontinued because of nausea induced by a lacquer-like odor…