California Casualty Indemnity Exchange v. Industrial Accident Commission

THE COURT. The California Casualty Indemnity Exchange is the insurance carrier for Pood Machinery Corporation and seeks by means of a writ of review to annul an award made by the Industrial Accident Commission, Panel Two (see Lab. Code, §§114, 115, as amended 1945), in favor of the dependents of the late Andrew Roberts Thompson, formerly employed by the Pood Machinery Corporation.

Prom the findings of fact appearing in the report of the referee who heard testimony we glean the following: That Mr. Thompson “while employed as a tank assembler on July 26, 1943, at Riverside, California by Pood Machinery Corporation, a corporation, sustained injury arising out of and occurring in the course of his employment, consisting of the occupational aggravation into a disabling condition of a preexistent non-disabling tuberculosis. . . . The date is hereby determined to be July 26, 1943, which is the date upon which the employee first had knowledge that the disability from which he was suffering was traceable to his employment.

“Said employee died on January 28, 1944, the cause of death being advanced bilateral pulmonary tuberculosis. . . .

“Said injury caused temporary total disability beginning July 26, 1943 to and including January 28, 1944, the date of death, entitling the employee to $25.00 per week during said time. The total period of time, after deducting the waiting [838]period of seven days is 25-4/7 weeks, which is a total of $639.29. Said weekly benefit is based on maximum earnings.

“Applicant Margaret G-. Thompson was a member of the employee’s household in good faith.

“The applicants are entitled to the payment of or reimbursement for the reasonable value of self-procured medical treatment in an attempt to cure or relieve the employee from the effects of his injury.

“Said employee left surviving him, totally dependent, Ada P. Thompson and Roy Dale Thompson, the minor son of the parties, as well as Margaret G-. Thompson, who are, in addition to the temporary total disability, entitled to a death benefit in the sum of $6000.00 payable at the rate of $25.00 per week beginning January 29, 1944, based upon maximum earnings.

“Ada P. Thompson is the natural mother of Roy Dale Thompson, a minor, and it is the judgment of this Commission that one-half of all benefits herein awarded should be paid directly to Ada P. Thompson for the benefit of herself and said minor child, to be received by her and disbursed in her discretion for such purpose, and the remaining one-half to'Margaret G-. Thompson.