Gore v. Industrial Accident Commission

TYLER, P. J.

Petition for writ of review for the purpose of having the lawfulness of the findings of fact, decision and award of the respondent, Industrial Accident

[121]

Commission, denying a death benefit in favor of petitioner, the widow of a deceased employee of respondent Quaker Hill Gold Mines Company, inquired into and determined.

It appears from the petition that the deceased Charles C. Gore, was the husband of petitioner; that on August 3, 1920, while in the employ of said mining company, he fell from a ladder and received injuries consisting of a slight bruise of the right elbow, which, however, did not interfere with his employment. Subsequently, on November 29, 1920, while at work, he again sustained a fall, causing a further injury to the elbow. He still continued in his employment until January 7, 1921, when he was obliged to quit, so it is claimed, on account of these accidents.

The State Compensation Insurance Fund was the insurance carrier for the employer. No payments of compensation having been made to Gore, he filed an application in writing on April 12, 1921, for compensation under the provisions of the Workmen’s Compensation Act, and made the mining company and State Compensation Insurance Fund parties defendant therein. On May 26, 1921, the matter came on for hearing before the Commission. No claim was made by Gore in this proceeding of any negligence or misconduct on the part of the employer. Two months thereafter, on July 6, 1921, a compromise and release agreement was entered into by and between the employer and employee, and filed with the Commission for approval, in the sum of $1,000, in satisfaction of the liability assumed by the employer and on account of any claims existing by reason of injuries sustained by Gore in the course of his employment. This agreement was disapproved by the respondent Commission. The State Compensation Insurance Fund then began paying $20.33 per week, workmen’s compensation benefits, although the matter was not fully determined, and it paid the same up to the time of the applicant’s death.

In April, 1923, being dissatisfied with the treatment he was receiving, Gore came to San Francisco, where he died on April 23d, two days after his arrival.