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District Court of Appeal, First District, Division 2, California.

BETHLEHEM STEEL COMPANY, a Corporation, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION of State of California and Carl Zdechlik, Respondents.

Civ. 13204.

Decided: November 07, 1946

R. P. Wisecarver, of San Francisco, for petitioner. R. C. McKellips and John A. Rowe, Jr., both of San Francisco, for respondent Industrial Accident Commission.

The petition for a writ of review herein presents the same questions considered in AEtna Casualty and Surety Co. v. Industrial Accident Commission, Cal.App., 174 P.2d 41, with the exception that the employer herein was permissibly uninsured under the terms of section 3700 of the Labor Code. This factor applies only to the question whether the legislature had constitutional power to declare section 4661 of the Labor Code retroactive. Since we have held in the former decision that the legislature did not elect to make the section retroactive, the award herein is controlled by what is said in the former opinion on that subject.

For the reasons there stated the award is annulled.

NOURSE, Presiding Justice.

GOODELL and DOOLING JJ., concur.