Hartford Accident & Indemnity Co. v. Industrial Accident Commission

WASTE, J.

A petition to have this proceeding heard in the supreme court after decision and judgment in the district court of appeal was granted for the reason that the principal question here presented and involved in the case of

Great Western Power Co.

v.

Industrial Acc. Com.,

191 Cal. 724 [218 Pac. 1009], relied on by the district court of appeal as authority for its conclusion, was, in effect, under reconsideration in a preceding in

certiorari,

instituted in this court after a second award made by the Commission in that case. The facts are fully stated in the opinion of the district court of appeal, which we have adopted as our own. The sole question presented by the application for a writ of review is the sufficiency of the evidence taken before the Industrial Accident Commission to sustain its finding that the applicant for compensation, a sister of the deceased employee, was wholly dependent upon him for her support.

This court has held in a number of cases, including the decision

supra,

relied on by the district court of appeal, that the question of the condition of dependency, as being entire or partial, must be determined as of the date of the injury to the employee, and also that the extent of dependency should be fixed as of that date.

(Spreckels

v.

Industrial Acc. Com.,

186 Cal. 256, 259 [199 Pac. 8];

Great Western Power Co.

v.

Industrial Acc. Com., supra; Market Street Ry. Co.

v.

Industrial Acc. Com.,

193 Cal. 178, 182 [224 Pac. 95], and [just recently]

Great Western Power Co.

v.

Industrial Acc. Com.,