PACIFIC EMPLOYERS INS CO v. INDUSTRIAL ACCIDENT COMMISSION

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District Court of Appeal, Second District, Division 2, California.

PACIFIC EMPLOYERS INS. CO. et al. v. INDUSTRIAL ACCIDENT COMMISSION et al.

Civ. 10776.

Decided: March 18, 1936

F. Britton McConnell, of Los Angeles, for petitioners. Everett A. Corten, of San Francisco, for respondent Industrial Accident Commission. Hiram T. Kellogg, of Los Angeles, for respondent Jim Dudov.

Petitioners seek to annul an award of the Industrial Accident Commission. Jim Dudov was employed by Rohl-Connolly Company as a miner at Avalon, Cal., and on November 3, 1934, sustained an injury arising out of and occurring in the course of his employment. The injury caused total temporary disability commencing November 6, 1934, and ending November 23, 1934, at which time Dudov returned to work and worked continuously until January 10, 1935. Since then he has been unable to work. During the period between November 6, 1934, and November 23, 1934, the insurance carrier furnished medical treatment and paid Dudov the sum of $24.26 as compensation for disability during that period. Dudov filed his claim for adjustment with the commission on June 10, 1935. The commission filed its findings on November 6, 1935, in which it found: “Said injury caused temporary total disability continuing from November 6, 1934, to and including November 23, 1934, and from January 10, 1935, to and including October 16, 1935, and indefinitely thereafter.” The commission awarded the sum of $15.44 weekly beginning November 14, 1934, and ending November 23, 1934, and rebeginning January 11, 1935, and continuing through October 16, 1935, and indefinitely thereafter until the termination of disability or the further order of the commission.

Petitioners contend that the commission was without authority to make the award, since the application was filed more than 6 months after the injury and the date of the payment of compensation or the furnishing of medical treatment. Respondents contend that there is a “new and further disability” and that the jurisdiction of the commission continues for a period of 245 weeks in accordance with section 11(c) of the Workmen's Compensation Act (St.1917, p. 841, § 11(c), as amended by St.1931, p. 2372).

The commission made no finding that Dudov's “original injury has caused a new and further disability.” The award should therefore be annulled. Standard Oil Co. v. Ind. Acc. Comn., 137 Cal.App. 455, 31 P.(2d) 457. The award is annulled and the proceedings remanded to the Industrial Accident Commission, without prejudice to further proceedings.

The award is annulled.

WOOD, Justice.

We concur: CRAIL, P. J.; GOULD, Justice, pro tem.

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