Smith v. Industrial Accident Commission

CARTER, J.

I concur in the conclusion reached by the majority, but in the interest of uniformity of decision I deem it advisable to call attention to the inconsistency in the reasoning upon which the majority opinion here is based and the reasoning of the majority in the cases of Bryant v. Industrial Acc. Com., 37 Cal.2d 215 [231 P.2d 32], Aetna Life Ins. Co. v. Industrial Acc. Com., 38 Cal.2d 599 [241 P.2d 530], and Garcia v. Industrial Acc. Com., 41 Cal.2d 689 [263 P.2d 8], in all of which last cited eases I dissented. In the last cited cases the mandate of liberal construction of the identical statutes here under consideration contained in Labor Code section 3202 was ignored by the majority. Had this mandate been followed the result in the last cited cases would have been favorable to the disabled employee as it is in this case.