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

COLUMBIA STEEL COMPANY, a Corporation, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION of State of California and Paul B. Barker, Respondents.

Civ. 13170.

Decided: November 07, 1946

Walter Shelton and A. Terkel, both of San Francisco, for petitioner. R. C. McKellips, of San Francisco, and John A. Rowe, Jr., of Los Angeles, for respondent Industrial Accident Commission.

This petition for writ of review presents the same questions considered in AEtna Casualty and Surety Co. v. Industrial Accident Commission, Cal.App., 174 P.2d 41, with these exceptions: The employee was injured on September 6, 1941, and received compensation and medical care until September 22, 1942, when he returned to his employment. On June 26, 1945, he filed an application for adjustment, claiming both temporary and permanent disability. On January 9, 1946, the respondent made an award calling for increased payments under the terms of the 1945 amendment to section 4661 of the Labor Code.

The petition presents a more striking case than the others for the attack upon the validity of retroactive legislation of this character, but as we have said in the former opinion it is not necessary to decide this question at this time. It is sufficient that all that has been said therein relating to the question of the legislative intent is applicable here and those conclusions control the disposition of this case.

The award is annulled.

NOURSE, Presiding Justice.

GOODELL and DOOLING, JJ., concur.