Smith v. Industrial Accident Commission

George Smith, an applicant for workmen’s compensation, seeks review and annulment of an order of the Industrial Accident Commission that he take nothing by reason of a claim against the Subsequent Injuries Fund. Whether Smith is entitled to compensation from such fund depends upon the meaning of section 4751 of the Labor Code, hereinafter summarized. We have concluded that the section can and should be liberally interpreted in favor of the applicant to give him the relief which he seeks.

In earlier litigation (Subsequent Injuries Fund v. Industrial Acc. Com. (1952), 39 Cal.2d 83, 86, 91 [244…