200 Cal. 579, S. F. 12180, Alaska Packers Association v. Industrial Accident Commission

Docket Nº:S. F. 12180
Citation:200 Cal. 579, 253 P. 926
Opinion Judge:WASTE, Judge
Party Name:ALASKA PACKERS ASSOCIATION (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, etc., and JOHN PETERSON, Respondents
Attorney:Chickering & Gregory and Blair S. Shuman for Petitioner. G. C. Faulkner for Respondent Industrial Accident Commission. H. W. Hutton for Respondent Peterson.
Judge Panel:JUDGES: In Bank. Waste, C. J. Preston, J., Curtis, J., Seawell, J., Richards, J., Shenk, J., and Langdon, J., concurred.
Case Date:February 28, 1927
Court:Supreme Court of California
 
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Page 579

200 Cal. 579

253 P. 926

ALASKA PACKERS ASSOCIATION (a Corporation), Petitioner,

v.

INDUSTRIAL ACCIDENT COMMISSION, etc., and JOHN PETERSON, Respondents

S. F. No. 12180

Supreme Court of California

February 28, 1927

APPLICATION for a Writ of Certiorari to review an order of the Industrial Accident Commission awarding compensation for personal injuries.

Award affirmed.

COUNSEL:

Chickering & Gregory and Blair S. Shuman for Petitioner.

G. C. Faulkner for Respondent Industrial Accident Commission.

H. W. Hutton for Respondent Peterson.

JUDGES: In Bank. Waste, C. J. Preston, J., Curtis, J., Seawell, J., Richards, J., Shenk, J., and Langdon, J., concurred.

OPINION

WASTE, Judge

Page 580

[253 P. 927] Alaska Packers Association petitions this court to review and annul an award of the respondent Industrial Accident Commission made against it, as self-insurer, and in favor of respondent John Peterson, who was injured while in Alaska. Peterson entered the employ of the petitioner under contract, shipping from San Francisco as a seaman and fisherman. During the voyage to Alaska, he acted as a member of the crew of the bark "Star

Page 581

of Iceland," performing the regular duties of a seaman. On arrival in Alaska, he was taken with the rest of the crew to one of petitioner's canneries, and put to work repairing nets and overhauling the fishing boats on the dock, where they had been stored for the winter. When that work was completed, Peterson and another employee were assigned to one of the fishing boats, which they operated for a period of about five weeks. The fishing season at the cannery closed, and the men were directed to bring their boats to the dock, to be hoisted up by a winch and placed in the warehouse for the following winter. Peterson anchored his boat near the beach, with the intention of later taking it to the dock. When he returned for that purpose, the boat, because of low tide, was stranded on the sand and mud of the beach, all but a few feet near the stern, however, being in the water. Standing on the beach, Peterson attempted, with the assistance of others, to lift the boat to float it, and in so doing strained his back and left hip, causing a fracture of the vertebrae. He returned to San Francisco on the "Star of Iceland" as a seaman, and, on arrival, received his discharge. As the contract of employment was made in the state of California, the employer and employee were subject to the provisions of the Workmen's Compensation Law [Stats. 1917, p. 831]. Peterson, therefore, filed an application with the Industrial Accident Commission for an adjustment of claim for compensation for the injury suffered. The Commission found that the applicant sustained injury occurring in the course of and arising out of his employment, and...

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