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North Pacific Steamship Co. v. Industrial Accident Commission

174 Cal. 357 Court Cal. Decision date 1917-02-03 Docket S. F. No. 7537 English

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p. 357
[S. F. No. 7537.
In Bank.
February 3, 1917.]
NORTH PACIFIC STEAMSHIP COMPANY (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA et al., Respondents.

Headnote

Workmen’s Compensation Act—Jurisdiction op Industrial Accident Commission—Stevedore—Accident in State P'ort.—The occupation of a stevedore is in its essence maritime, and the Industrial Accident Commission of this state has jurisdiction to make an award of compensation for an accidental injury to him suffered while he was engaged in discharging cargo from a vessel at a port in this state.
APPLICATION for a Writ of Certiorari to review an award of the Industrial Accident Commission of the State of California.
The facts are stated in the opinion of the court.
C. H. Sooy, H. W. Glensor, and C. L. Moore, for Petitioner.
Christopher M. Bradley, for Respondents.

Review to annul an award of respondents granted to one Lewis Falvik, employed as a stevedore in dis

p. 358
charging cargo from the steamship “Yucatan,” at San Pedro, California. This case differs from North Pacific Steamship Co. v. Industrial Accident Commission, ante, p. 346, [ 163 Pac. 199 ], this day decided, in no essential particular. In the latter ease the injured man was a seaman. In the present case the occupation, that of a stevedore, was in its essence maritime. (Atlantic Transport Co. v. Imbrovek, 234 U. S. 52 , [ 51 L. R. A. (N. S.) 1157 , 58 L. Ed. 1208 , 34 Sup. Ct. Rep. 733 ]; The Canada, 7 Fed. 119 , [ 7 Sawy. 173 ]; Benedict on Admiralty, 4th ed., par. 207.)

Upon the authority of North Pacific Steamship Co. v. Industrial Accident Commission, ante, p. 346, [ 163 Pac. 199 ], the writ is discharged and the award affirmed.

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