Worswick Street Paving Co. v. Industrial Accident Commission

California Supreme Court November 21, 1919

Worswick Street Paving Co. v. Industrial Accident Commission, 181 Cal. 787 (Cal. 1919)

Opinion of the Court

THE COURT.

These are proceedings in review by different parties assailing an áward in favor of dependents of *788one Jose Aguilar, who on April 9, 1918, was fatally injured while in the course of his employment, his injury resulting in death the same day.'

The work in which he was engaged at the time of his injuries is described in Worswick Street Pav. Co. v. Industrial Acc. Com. et al., and The Employers' Liability Assur. Corp. v. Industrial Acc. Com. et al., ante, p. 550, [185 Pac. 953], the deceased being a coworker with Selso Morales in the work therein described. The questions presented for determination are the same as those presented in the case referred to. The decision in those cases controls here.

It is ordered that the award of the commission be annulled in so far as it is against The Employers ’ Liability Assurance Corporation, and that in all other respects the said award be and the same hereby is affirmed.

All the Justices concurred.

Reference

Full Case Name: WORSWICK STREET PAVING COMPANY (a Corporation) v. INDUSTRIAL ACCIDENT COMMISSION, Respondents THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, etc. (a Corporation) v. INDUSTRIAL ACCIDENT COMMISSION
Status: Published
Syllabus: Workmen’s Compensation Act—Status of Injured Employee—Liability of Insurance Carrier—Construction of Policy.—Award of compensation affirmed, except in so far as it runs against The Employers’ Liability Assurance Corporation, as to which the award is annulled, on the authority of Worswick Street Pav. Co. v. Industrial Acc. Com. et al., and The Employers? Liability Asswr. Corp. v. Industrial Acc. Com. et al., ante, p. 550.