Tate v. Industrial Accident Commission

Petition for a writ of review.

The commission denied a death benefit to the minor son of Ernest Tate who was killed while operating a company car on company business, on the ground that the employee was intoxicated at the time of the accident. Thereafter, the commission granted a rehearing. On rehearing it developed that the district manager of the employer not only knew that Tate was drinking, but participated with Tate in the drinking and purchased at least one round of drinks. The commission again denied the death benefit, and failed and refused to pass upon the question as to whether,…