Krizman v. Industrial Accident Commission

STURTEVANT, J.

Claiming to be the surviving widow of Vincent Krizmanieh, commonly called Krizman, on his death petitioner filed with the respondent board a petition to have her claim adjusted. The board made findings against her and ordered that she take nothing. The petitioner applied for a rehearing. The application was denied and she has applied to this court for a writ of review.

[420]

The application presents only one question. Was the petitioner the wife of the deceased within the meaning of section 14 of the Workmen’s Compensation Act?

The petitioner’s maiden name was Catherine Gwendolyn Helms. She married J. D. Collin, from whom she was divorced June 7, 1919. Vincent Krizmanieh, commonly known as and called Vincent Krizman, while employed by the Anker Meat Company, met his death July 3, 1935. At that time he and the petitioner were living as man and wife at 291 Lester Avenue in Oakland. Since October or November, 1924, they had been so conducting themselves, but had occupied apartments at different addresses during that time. Each claimed to be the legal spouse of the other and so introduced each other, opened joint bank accounts, and purchased and conveyed real estate. Mr. Krizman so took out life insurance and carried the policy until the date of his death. Likewise he so applied for membership in Emeryville Post of Veterans of Foreign Wars of the United States, was admitted, and maintained his membership until his death. Prior to the date above mentioned the petitioner was employed as a telephone operator and Mr. Krizman was employed as a butcher. After the union above mentioned both continued to work. After a while the petitioner gave up her employment and for three years prior to the death of Mr. Krizman she was unemployed. Mr. and Mrs. Helms, the father and mother of the petitioner, own their home, but otherwise are without means. At all times after the said union Mr. Krizman contributed, as son-in-law, in food and funds from $15 to $20 a month toward their support.

The petitioner met Mr. Krizman about July 1, 1924. Soon afterwards they became engaged and announced the fact generally and in particular to the parents of the petitioner, to Mrs. Ohe, her landlady, and to Mr. and Mrs. Loveland, petitioner’s intimate friends. In November they arranged to get married. Mr. Krizman wanted to have a party. Knowing some comrades who were in the liquor business in Eeno, he arranged that the petitioner and he should go by train to Eeno, get married, and have their party. They commenced the festivities in Oakland by playing cards with Mr. and Mrs. Ohe, having several drinks, and then the latter drove them to the midnight train and bid them Godspeed. On the train the couple had more drinks. On arriving in