Copley v. Industrial Accident Commission

THE COURT. —

Petitioner seeks upon this writ of review to challenge an order of the Industrial Accident Commission which determined that the commission was without jurisdiction under the facts of this case. Mary Copley, the petitioner, is the surviving widow of James Henry Copley, who suffered an injury resulting in his death while working as a bridge carpenter in the employ of the Sacramento Northern Railway. At the time of the injury the decedent was working on a railroad trestle over which cars passed as a

[288]

part of both interstate and intrastate commerce. Petitioner thereafter filed an application for an award of death benefits with the respondent commission which dismissed the application for want of jurisdiction.

Although under the decided cases the nature of decedent’s duties at the time of his injury brings him within the exclusive operation of the Federal Employers’ Liability Act

(Pedersen

v.

Delaware L. & W. R. Co.,

229 U. S. 146 [33 Sup. Ct. 648, 57 L. Ed. 1125];

New York Cent R. Co.

v.

Winfield,

244 U. S. 147 [37 Sup. Ct. 546, 61 L. Ed. 1045]), it is urged on behalf of the petitioner that the 1939 amendment to that statute should be interpreted as conferring concurrent jurisdiction upon the respondent commission to make an award of benefits. It is conceded that the purpose of the 1939 amendment (53 Stats, at L. 1404) was to broaden the field in which the federal remedy is applicable. (See

Southern Pac. Co.

v.

Industrial Acc. Com., ante,

p. 271 [120 Pac. (2d) 880] (this day decided);

Lewis

v.

Industrial Acc. Com., ante,

p. 284 [120 Pac. (2d) 886] (this day decided).) Petitioner argues that Congress must also have intended to alter the previous interpretation of the statute so as to permit the continued functioning of local statutes, particularly since, in many states, the imposition of liability upon an employer does not require proof of negligence as is the case under the federal act. This contention was rejected in