National Automobile Insurance v. Industrial Accident Commission

California Court of Appeal

National Automobile Insurance v. Industrial Accident Commission

136 P.2d 815, 58 Cal. App. 2d 508, 1943 Cal. App. LEXIS 69

CourtCalifornia Court of Appeal

DecidedMay 4, 1943

DocketCiv. No. 14104

StatusPublished

Cited by9 cases

This text of 136 P.2d 815 (National Automobile Insurance v. Industrial Accident Commission) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Automobile Insurance v. Industrial Accident Commission, 136 P.2d 815, 58 Cal. App. 2d 508, 1943 Cal. App. LEXIS 69 (Cal. Ct. App. 1943).

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Opinion

BY THE COURT.

Application has been made for a review of an order of the Industrial Accident Commission, upon rehearing, awarding compensation to one Fred Ough. The petition was filed with the clerk of this court on the 31st day after the commission made its award. Counsel for the commission question the jurisdiction of the court to review the award, where the petition for review was not presented within 30 days after the date of the award, as allowed by section 5950 of the Labor Code. The point is well taken; we have no jurisdiction of the attempted proceeding, and the petition is therefore denied. (North Pacific S. S. Co. v. Soley, (1924) 193 Cal. 138, 140-141 [223 P. 462]; Neal v. Industrial Acc. Com., (1918) 36 Cal.App. 40 [171 P. 696]; North P. S. S. Co. v. Industrial Acc. Com., (1917) 34 Cal.App. 488 [168 P. 30], See also Thaxter v. Finn, (1918) 178 Cal. 270, 273 [173 P. 163].)

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BY THE COURT.

Application has been made for a review of an order of the Industrial Accident Commission, upon rehearing, awarding compensation to one Fred Ough. The petition was filed with the clerk of this court on the 31st day after the commission made its award. Counsel for the commission question the jurisdiction of the court to review the award, where the petition for review was not presented within 30 days after the date of the award, as allowed by section 5950 of the Labor Code. The point is well taken; we have no jurisdiction of the attempted proceeding, and the petition is therefore denied. (North Pacific S. S. Co. v. Soley, (1924) 193 Cal. 138, 140-141 [223 P. 462]; Neal v. Industrial Acc. Com., (1918) 36 Cal.App. 40 [171 P. 696]; North P. S. S. Co. v. Industrial Acc. Com., (1917) 34 Cal.App. 488 [168 P. 30], See also Thaxter v. Finn, (1918) 178 Cal. 270, 273 [173 P. 163].)

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136 P.2d 815, 58 Cal. App. 2d 508, 1943 Cal. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-automobile-insurance-v-industrial-accident-commission-calctapp-1943.

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