Western Indemnity Co. v. Industrial Accident Commission

SHAW,

J.

Certiorari to review an. order of the Industrial Accident Commission whereby an award of compensation was made to William Pavlovic as a dependent of his son, Nick Pavlovic, who died from injuries sustained by an accident while in the employ of John R. Click, who held an insurance policy issued by the Western Indemnity Company covering such liability.

It appears from the record that William Pavlovic has at all times lived in

Austria;

that the accident wherein his son, who was a common laborer, sustained the injuries as a result of which he died on September 5, 1915, occurred on September

2,

1915. The application for adjustment of the claim was filed on August 17, 1916, by Stephen Pavlovic, as attorney in fact of William Pavlovic, to whom he bore no relation. Authority for such action had and taken by Stephen Pavlovic was an unauthenticated letter received by him from William Pavlovic, which letter was not written or signed by the latter, but for him by another. In our opinion, this unauthenticated letter written by the father purporting to authorize Stephen Pavlovic to act in the matter constituted no legal authority for the action taken by Stephen Pavlovic in filing the application. After the filing of the same and the partial hearing of the matter, Stephen Pavlovic received and presented what purported to be a power of attorney, signed by William Pavlovic, authorizing him to initiate the proceeding. Waiving the question as to whether or not such purported power of attorney would cure the irregularity, there is nothing in the record indicating that such document was acknowledged or its execution proved in a manner which could be deemed a sufficient authentication thereof.

While petitioners insist that no party in interest filed the application, as required by section 22 of the Workmen’s Compensation Act, their chief contention is that there was no legal evidence of any kind or nature showing that William Pavlovic was a dependent of his son, Nick Pavlovic, at the time of his death. The evidence shows that deceased was twenty-two

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