Employers Assurance Corp. v. Industrial Accident Commission

SLOSS, J.

This proceeding was instituted to review an award of the Industrial Accident Commission allowing compensation to the wife of George A. Marsters for the death of her husband.

Marsters in-his lifetime had been in the employ of Hind, Rolph & Co., owners of the barge “Invincible.” The petitioner, Employers Assurance Corporation, Limited, was the insurance carrier for the said Hind, Rolph & Co. The com

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mission found that Marsters was injured by accident on the thirtieth day of March, 1914, while in the employment of Hind, Rolph & Co., and that said accident arose out of and happened in the course of said employment and was not caused by the willful misconduct or intoxication of said employee. More specifically, it was found “that said injury consisted of a sprain of the right wrist or forearm of said Geo. H. Marsters, accompanied by a bruise of said wrist or forearm and an abrasion or chafing of the skin, but without laceration of the same, followed by a staphylococcic and streptococcic infection of said wrist or forearm which spread through the arm and blood stream, subsequently infecting the whole body and resulting in the death of said injured employee on the 14th day of May, 1914.”

Various points are urged against the validity of the award, but the only one which need here be considered is the claim that there was no evidence before the commission sufficient to justify the finding that Marsters was injured by accident in the course of his employment.

The decisions of this court have settled the proposition that an award made by the commission is subject to review and annulment in this court where the finding on any jurisdictional fact is without the support of substantial evidence, and this notwithstanding the provision of the act that the findings of the commission on questions of fact shall be conclusive and final.

(Great Western Power Co.

v.

Pillsbury

(Sac. No. 2237),

ante,

p. 180, [149 Pac. 35]