Schlag v. Industrial Accident Commission

WARNE, J. pro tem.*

This court, on its own motion, vacated its decision and ordered a rehearing in this case because our opinion rendered May 23, 1958, was materially based upon four decisions of the District Courts of Appeal which were substantially disapproved in the opinion of the Supreme Court filed June 6, 1958, in the ease of Ferguson v. Industrial Acc. Com., 50 Cal.2d 469 [326 P.2d 145]. The holding in that ease requires us to now arrive at a different conclusion.

Petitioner seeks a review and annulment of an order of the Industrial Accident Commission denying him benefits from the…