Indemnity Co. v. Industrial Acc. Comm.

California Supreme Court Jan 29, 1917 No. L. A. No. 5098.Published

Before: THE COURT.

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Holding. The court held that hearsay testimony regarding a deceased employee's statements about their injury is competent evidence under section 77a of the Workmen's Compensation, Insurance and Safety Act, and that said statute is constitutional.

Issues

Whether hearsay testimony regarding a deceased employee's statements about their injury is competent under section 77a of the Workmen's Compensation, Insurance and Safety Act.
Whether section 77a of the Workmen's Compensation, Insurance and Safety Act is constitutional.

Disposition. Denied

Quotations verified verbatim against the opinion

“The hearsay testimony complained of relative to the statements of the deceased employee relating directly to his injury was competent under the provisions of section 77a of the Workmen's Compensation, Insurance and Safety Act”

“We are satisfied that such provisions cannot be held invalid as opposed to any provision of our constitution.”

The hearsay testimony complained of relative to the statements of the deceased employee relating directly to his injury was competent under the provisions of section 77a of the Workmen's Compensation, Insurance and Safety Act, as amended in 1915, [Stats. 1915, p. 1102].

We are satisfied that such provisions cannot be held invalid as opposed to any provision of our constitution.

The application for a writ of review is denied.

Rehearing denied. *Page 316

Indemnity Co. v. Industrial Acc. Comm.

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