Cashel v. Industrial Accident Commission

[389]

STURTEVANT, J.

Prior to November 8, 1924, Miss Lois H. Coll was in the employment of the Palo Alto Hospital. On November 29, 1924, she died and the cause of her death was, as recited in the death certificate, “acute rheumatic fever broncho pneumonia streptococcic septicemia (streptococcus viridano).” Later the petitioner, her mother, filed an application with the defendant Commission asking that her claim for burial expenses and medical and hospital expenses be established. The Commission thereafter made its award that the applicant take nothing. The petitioner applied for a rehearing, that application was denied, and thereafter the petitioner applied to this court for a writ of review. Subsequently an alternative writ was issued and on the tenth day of September, 1926, the defendants filed their return. No objection regarding the form or the contents of said return has been made.

The grounds on which the petitioner applies to this court are stated by petitioner as follows:

“a. That the commission acted without and in excess of its powers.

“b. That order, decision and award were procured by fraud.

“c. That the order, decision and award were unreasonable.

“d. That the evidence does not support the findings of fact.

“e. That the findings of fact do not support the award.

“f. Errors by the Commission in admitting and excluding evidence material to the petitioner’s case.

“g. That the Commission submitted alleged facts that never had any existence to physicians for an opinion and based their opinion and ruling on said opinions deduced from the said alleged facts that never had any existence.

“h. Irregularity in the trial of said cause in this that your petitioner served on the Palo Alto Hospital a

subpoena duc-es tecum

requiring them to produce its register of patients, books and clinical records of patients in the Palo Alto Hospital from October 1st, 1924, to November 8', 1924, and said Palo Alto Hospital did not produce the same and gave no reason therefor.