State v. Industrial Accident Commission

This is a proceeding brought in this court to review a “Decision After Reconsideration” rendered by the respondent commission on April 30, 1959. Our writ issued August 5, 1959.

Victor Koski, one of the respondents herein, filed an application with respondent commission on May 21, 1953, seeking workmen’s compensation benefits for an industrial injury suffered through his having contracted the occupational disease of silicosis while engaged in underground metal mining operations. The commission made and entered its findings and award, holding that Koski had contracted the disease while working for numerous employers over a period of time aggregating about 25 years. The commission made its award in his favor solely against the Industrial Indemnity Exchange and Argonaut Mining Company, Ltd., who are respondents herein. The original award became final as to those respondents. They made payments to Koski over the years, and then filed a petition with the commission for an order directing the State of California Subsequent Injuries Fund to repay to them a part of the sums expended and the commission ordered that the Subsequent Injuries Fund, hereinafter called the Fund, repay to them…