Dulin v. Industrial Accident Commission

[90]

DORAN, J.

—In the answer to the petition herein for a writ of review of the action of the Industrial Accident Commission, respondent commission summarizes the undisputed facts as follows: “On July 2, 1942, petitioner was employed at Alhambra, California, by Kay-Brunner Steel Products, Inc., a corporation. At that time petitioner was 18 years of age, having been born September 2, 1923. While so employed he sustained an injury to his right elbow, which injury the respondent commission found occurred in the course of and arose out of his employment.

“On January 5, 1943, petitioner filed with the respondent commission his application for adjustment of his claim for compensation, in which application he was represented neither by guardian nor by attorney.

“At the request of the applicant, hearing upon his application was delayed. The matter came on for hearing on August 4, 1943, at which time the applicant was represented by counsel. Good cause appearing, the commission appointed the applicant’s counsel, John Henry Peckham, Jr., guardian ad litem. The affirmative defense of the statute of limitations was pleaded by the defendants.

“Upon cross-examination by counsel for the workman’s compensation insurance carrier the applicant disclosed that his mother had been appointed guardian of his person and of his estate prior to the time of his injury. He further testified that he lived with his mother and that she was aware of the fact of his injury.

“A certified copy of letters of guardianship was filed in evidence, disclosing that Jane Stimson Dulin had been appointed general guardian of the minor applicant for compensation, the letters having been issued by order of the Superior Court of Los Angeles County on February 8, 1938, and that the said letters had not been revoked and were in full force and effect on and subsequent to July 2, 1942, which was the date of injury.

“Upon this evidence the respondent commission made its order dismissing and discharging from the proceedings the guardian ad litem theretofore appointed. The commission concluded that at the time of injury, namely, July 2, 1942, the minor applicant had been under no legal disability because of his minority, since at that time, and subsequent thereto, he had been a ward of the general guardian appointed by the Superior Court. His application for compensation