Northwestern Pacific R.R. v. Indus. Accident Comm'n

Citations

• 173 Cal. 652

Syllabus

<p>Workmen’s Compensation Act—Waiver of Objection to Failure op Commission to Make Finding—Petition for Rehearing.—Under section 81 of the Workmen’s Compensation Act, an employer against whom an award of compensation has been made by the Industrial Accident Commission waives an objection to the failure of the commission to make an express finding on an issue raised as to the existence of an agreement for the payment of disability indemnity, which would extend the time for the institution of proceedings before the commission, by omitting to make any such objection in his petition to the commission for a rehearing.</p> <p>Id.—Agreement for Disability Indemnity—Evidence—Statute of Limitations.—The evidence in this case is sufficient to show the existence of an agreement between the injured employee and the employer for the payment of disability indemnity, the effect of which was to extend the time for the institution of proceedings before the commission, under section 16 of the Workmen’s Compensation Act. Id.—Essentials of Agreement for Disability Indemnity.—To constitute such an agreement within the meaning of the act no more is necessary than an understanding between the parties as to the amount to be paid, and a promise on the part of the employer to pay that amount.</p>