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SMITH v. STATE OF CALIFORNIA SUBSEQUENT INJURIES FUND

Docket No. S.F. 20233.

52 Cal.2d 751 (1959)

344 P.2d 293

DAVID E. SMITH, as Special Administrator, etc., Petitioner, v. STATE OF CALIFORNIA SUBSEQUENT INJURIES FUND et al., Respondents.

Supreme Court of California. In Bank.

October 6, 1959.

Attorney(s) appearing for the Case

Morgan, Beauzay, Smith & Holmes and Robert Morgan for Petitioner.

Stanley Mosk, Attorney General, Gerald F. Carreras, DeputyAttorney General, T. Groezinger, Loton Wells and Donald Gallagher for Respondents.

SPENCE, J.

Petitioner seeks a writ of mandate to compel respondents to pay him, as special administrator of the estate of Robert J. Kelly, compensation benefits which accrued prior to the death of Kelly.

Kelly was awarded benefits against the State of California, Subsequent Injuries Fund, on January 17, 1955. Thereafter, upon petition of the Fund, the Industrial Accident Commission granted reconsideration. Kelly died in December, 1955. The decision after reconsideration...

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