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HAYS v. INDUSTRIAL ACCIDENT COMMISSION

Docket No. L.A. 24950.

50 Cal.2d 865 (1958)

327 P.2d 904

LUTHER HAYS, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents.

Supreme Court of California. In Bank.

July 11, 1958.

Attorney(s) appearing for the Case

Edwin Silver and Richard L. McWilliams for Petitioner.

Edmund G. Brown, Attorney General, Gerald F. Carreras and Henry K. Workman, Deputy Attorneys General, Everett A. Corten and Edward A. Sarkisian for Respondents.

SCHAUER, J.

In this case respondent Industrial Accident Commission denied petitioner's application for compensation payments from respondent Subsequent Injuries Fund. The commission states that its decision was "predicated solely on the fact that the evidence did not show employer-knowledge of any disability pre-existing the [subsequent] industrial injury."

In Ferguson v. Industrial Acc. Com. (1958), ante, pp. 469, 479 [

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