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California-Western States Life Insurance v. Industrial Accident Commission

38 Cal. 2d 880 Court Cal. Decision date 1952-04-01 Docket Sac. No. 6255 English

Decision Majority — THE COURT. · Dissent — CARTER, J.

Contents
p. 880
242 P.2d 13]
[Sac. No. 6255.
In Bank.
Apr. 1, 1952.]
CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, Respondent.
Downey, Brand, Seymour & Rohwer, J. Richard Glade and Ralph R. Martig for Petitioner.
Edmund J. Thomas, Jr., Robert Ball and Thomas L. Higbee for Respondent.

This petition for review of an order of the Industrial Accident Commission raises the same question as that disposed of in Aetna Life Insurance Co. v. Industrial Acc. Com., L. A. No. 22103, ante, p. 599 [ 241 P.2d 530 ], and that decision is controlling, here.

The order is annulled and the cause is remanded to the Industrial Accident Commission for further proceedings in accord with our opinion in the Aetna ease, supra.

I dissent.

The views expressed in my dissent in Aetna Life Ins. Co. v. Industrial Acc. Com., ante, p. 605, are applicable here, from which it follows that I would affirm the order here under review.

Respondent’s petition for a rehearing was denied April 28, 1952. Carter, J., was of the opinion that the petition should be granted.