Pacific Indemnity Co. v. Industrial Accident Commission

Petitioner seeks to annul two separate awards made by the Industrial Accident Commission for the deaths of Tomas Yallez, age 12, and of his brother Adolfo Yallez, age 15, both of whom were drowned on the premises of their employer. It is urged by petitioner that the deaths did not arise out of, nor did they occur in the course of, the employment, and that therefore they are not compensable under the Workmen’s Compensation Law. (Lab. Code, § 3600 (b), (c).)

Tomas and Adolfo Yallez resided in the family home with their parents, two brothers and four sisters. The two boys, and other members of…