HELMICK v. INDUSTRIAL ACCIDENT COMMISSION ET AL (1943)

District Court of Appeal, Second District, Division 3, California.

HELMICK v. INDUSTRIAL ACCIDENT COMMISSION ET AL.

Civ. 14100.

Decided: May 28, 1943

Allan L. Leonard, of Los Angeles, for petitioner. E. A. Corten and Fred G. Goldsworthy, of San Francisco, for respondents.

The judgment in Safway Steel Scaffold Co. v. Industrial Acc. Com., Nov. 1942, 55 Cal.App.2d 388, 130 P.2d 484, 485, establishes the law of this case. By that decision, as we interpret it, the fact that Mrs. Helmick obtained, by means of a writ of execution, the sum of $654.78 from the company on an award subsequently set aside, establishes that it was “in fact money furnished for living expenses,” irrespective of the purpose to which it was put by Mrs. Helmick. The fact that the new findings reveal that a large part of the sum she received was not used for her living expenses does not, therefore, invalidate the award, which was made in obedience to the judgment referred to.

In the premises the petition should be and it is, denied.

PER CURIAM.

SHINN, Acting P. J., PARKER WOOD, J., and BISHOP, J. pro tem., concur.

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