Neiman v. Industrial Accident Commission (14 Cal. App. 2d 624, 1936)

HOUSER, P. J.

The pertinent facts necessary to a determination of the question here presented appear to be that in the month of July, 1929, one James Henry Neiman met his death at a time when he was an employee of Western Pipe and Steel Company; that thereafter, in pursuance of an application for adjustment of claim for compensation that had been presented by his widow (petitioner herein) to the respondent commission, findings of fact and an “award” were made by the latter, in substance, that although immediately prior to his death, the husband of the applicant had been an employee of Western Pipe and Steel Company, the evidence did not establish the fact that the death of the said employee was the proximate result of any injury that was sustained by him in the course of his said employment; —as a consequence of which no award of compensation was made. Approximately two and a half years after such decision had been rendered, the widow presented a petition to the respondent commission to reopen the claim for compensation, which petition was by said commission denied. There the matter rested until April 13, 1935, which was nearly six years after the death of the husband had occurred, at which former time his widow caused a second petition to reopen the claim for compensation to be presented to the respondent commission, which petition was accompanied by several supporting affidavits, from which, although in the absence of any direct allegation of fraud- on the part of the employer, it was inferable that at the time when the hearing of the original petition