Smith v. State of California Subsequent Injuries Fund

Petitioner seeks a writ of mandate to compel respondents to pay him, as special administrator of the estate of Robert J. Kelly, compensation benefits which accrued prior to the death of Kelly.

Kelly was awarded benefits against the State of California, Subsequent Injuries Fund, on January 17, 1955. Thereafter, upon petition of the Fund, the Industrial Accident Commission granted reconsideration. Kelly died in December, 1955. The decision after reconsideration was issued February 2, 1956, affirming the award. Petitioner, as special administrator of Kelly’s estate, then applied to have himself…