(Download) "Joshua Hendy Iron Works v. Industrial Accident Commission and Manuel Miguel" by First Appellate District, Division One District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Joshua Hendy Iron Works v. Industrial Accident Commission and Manuel Miguel
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 29, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
[74 CalApp2d Page 192] The petitioners, the employer and the insurance carrier, seek to annul an award to Manuel Miguel of compensation for temporary total disability. The sole question to be decided concerns the sufficiency of the evidence before the commission to sustain the finding that ""Manuel Miguel . . . sustained injury arising out of and occurring in the course of his employment."" Although the original application before the commission, which was filed by the employer, alleged the basic issue to be ""horseplay,"" the evidence before the referee and upon rehearing presented the fundamental jurisdictional [74 CalApp2d Page 193] issue above noted. The commission found against the employer on the ""horseplay"" issue even if it could be said that there was any evidence in the record to sustain a finding in the employer's favor had it been made. There is no merit, in view of the rehearing referee's report, in the petitioners' contention that the award of the commission rests on an erroneous view of the burden of proof when the employer files the application.
 "Joshua Hendy Iron Works v. Industrial Accident Commission and Manuel Miguel" by First Appellate District, Division One District Court Of Appeal Of California " eBook PDF Kindle ePub Free){kind=link}