AETNA CASUALTY SURETY COMPANY v. INDUSTRIAL ACCIDENT COMMISSION (1953)

District Court of Appeal, First District, Division 1, California.

AETNA CASUALTY & SURETY COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION of the State of California and William Battaglia, Respondents.

Civ. 15845.

Decided: October 19, 1953

Keith, Creede & Sedgwick, San Francisco, for petitioner. Everett A. Corten, T. Groezinger, San Francisco, for respondents. Donald Gallagher, Allan Sapiro, San Francisco, for State Compensation Insurance Fund, amici curiae.

Petition for writ of mandate by Aetna Casualty & Surety Co. to compel the Industrial Accident Commission to substitute Aetna in place of William Battaglia in certain proceedings before the commission, to dismiss Battaglia therefrom and to restrain the commission from setting or holding any hearing contrary to an agreement between Aetna and Jennie Giacalone. The State Compensation Insurance Fund appears as amicus curiae in support of petitioner's position.

The facts, contentions and the relief requested are identical with those set forth in Giacalone v. Industrial Accident Commission, Cal.App., 262 P.2d 79.

On the authority of that decision, it is ordered that the alternative writ be discharged and the petition for a peremptory writ of mandate be denied.

BRAY, Justice.

PETERS, P. J., and FRED B. WOOD, J., concur.

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