FERGUSON v. INDUSTRIAL ACC. COM.

Docket No. L.A. 24914.

50 Cal.2d 469 (1958)

326 P.2d 145

LESTER FERGUSON, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents.

Supreme Court of California. In Bank.

June 6, 1958.


Attorney(s) appearing for the Case

William M. Sarnoff and Donald Franz for Petitioner.

Everett A. Corten, Edward A. Sarkisian, Edmund G. Brown, Attorney General, Miles J. Rubin and Gerald F. Carreras, Deputy Attorneys General, for Respondents.


SCHAUER, J.

Petitioner seeks annulment of a decision and award of respondent Industrial Accident Commission denying his application for compensation payments from respondent Subsequent Injuries Fund (hereinafter sometimes termed the fund). We have concluded that "labor disablement" rather than "employer knowledge" is the essential factor by which to gauge the previously sustained disablement in determining whether that disability qualifies petitioner for resort to...

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