Reseña de Estate of Helen Elizabeth Gilbert v. Town of West Brookfield

Estate of Helen Elizabeth Gilbert v. Town of West Brookfield de District Court of Appeal of California Resumen del Libro

Petitioner State of California Subsequent Injuries Fund seeks annulment of a purported apportionment or contribution award against it made by respondent commission directly in favor of an employe who suffered permanent partial disability from silicosis resulting from successive employments in underground metal mining. We have concluded that petitioners attacks upon the constitutionality of the provisions of section 5500.5 of the Labor Code, under which the award was made, are (upon any proper interpretation and application of the legislation) without merit, but that contrary to the provisions of that section and beyond the scope of its intendments the commission erroneously issued an award of workmens compensation against petitioner directly in favor of the employe (rather than an apportionment or reimbursement award in favor of one or more of his employers against whom award in his favor could be made) and that therefore the award should be annulled and the matter remanded for further proceedings in accordance with the terms of the statute.

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Estate of Helen Elizabeth Gilbert v. Town of West Brookfield (District Court of Appeal of California) Análisis y Personajes

Comentario de Estate of Helen Elizabeth Gilbert v. Town of West Brookfield, libro de District Court of Appeal of California

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