# W. R. Grace & Co. v. California Employment Commission

> California Supreme Court · August 18, 1944 · 24 Cal. 2d 720

URL: https://www.frixlaw.com/law-library/cases/9846408

## Case

- **Full name:** W. R. GRACE & COMPANY (A Corporation) Et Al., Petitioners, v. CALIFORNIA EMPLOYMENT COMMISSION Et Al., Respondents; FRANK ABELLEIRA Et Al., Interveners and Respondents
- **Court:** California Supreme Court
- **Decided:** August 18, 1944
- **Citations:** 24 Cal. 2d 720; 151 P.2d 215; 1944 Cal. LEXIS 273
- **Precedential status:** Published
- **Opinion:** Dissent by Carter
- **Judges:** Traynor, Carter
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9846408

## Opinion text

CARTER, J.
I dissent upon the same grounds as set forth in my dissenting opinion in Matson Terminals, Inc., v. California Emp. Com., this day filed, ante, p. 711 [ 151 P.2d 211 ].
In this case, however, the initial determination by the adjustment unit was against the employees. On appeal the referee allowed benefits, and the allowance was affirmed by the commission. The unemployment occurred in June, 1939. At that time section 67 of the California Unemployment Insurance Act as amended in 1937 was in effect, and it provided that benefits were payable regardless of any appeal where there had been either an allowance of benefits by the adjustment unit followed by an affirmance by the referee or an allowance by a referee followed by an affirmance by the commission (Stats. 1937, p. 2059). Although the proceedings to determine the claim for benefits occurred after the 1939 amendment went into effect, there is nothing in that amendment to indicate that it is retroactive. The right to benefits regardless of appeal is a substantive right which should not be defeated by a subsequent change in the law at least unless such an intent clearly appears.
In my opinion the writ should be denied.
Schauer, J., concurred.
Interveners’ petition for a rehearing was denied September 13, 1944. Carter, J., and Schauer, J., voted for a rehearing.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9846408. Public record. Not legal advice.