County of Los Angeles v. Industrial Accident Commission
County of Los Angeles v. Industrial Accident Commission
Opinion of the Court
The petitioner, County of Los Angeles, seeks to annul three awards of the Industrial Accident Commission issued November 26, 1935, in favor of Alfred A. Cordes, an employee of petitioner in its forestry department. While engaged in lifting a heavy tire wheel from a truck on December 1, 1933, Cordes slipped and fell. He felt a severe pain in the lower part of his back and his left leg was paralyzed by pain. He was unable to rise and was lifted and put to bed. Medical treatment was furnished by petitioner. Cordes was totally disabled until January 8, 1934, when he returned to work. He was paid compensation for this period. While lifting a motorcycle on July 15, 1934, Cordes suffered a back strain which disabled him until October 3, 1934, when he again returned to work. For this period also he received medical treatment and compensation from petitioner. While making up dormitory beds on June 12, 1935, he suffered another back strain. Petitioner denied liability and no compensation was furnished for this injury. Thereupon Cordes filed claims with the Commission for each of the three injuries.
The three claims were.consolidated for the purpose of hearing and the Commission filed findings on each of the claims. It was found, in substance, that Cordes suffered injuries consisting of a strain superimposed upon a preexisting arthritis; that the preexisting arthritis and the three injuries resulted'
Petitioner contends that the injury of June 12, 1935, did not arise out of and occur in the course of employment. The witness Percy, under whose supervision Cordes worked, testified that he had directed Cordes to make the dormitory beds for all of .the men 11 because the boys were assigned to other work and away from the station at that time and he was filling in in their place”. The finding of the Commission on this point is supported by the evidence.
Petitioner also contends that the Commission was not justified in making the apportionment set forth in the award between the preexisting arthritis and the several injuries suffered by Cordes. The answer to this contention may be found in Tanebaum v. Industrial Acc. Com., 4 Cal. (2d) 615 [52 Pac. (2d) 215], in which a similar apportionment was upheld. The determination of the percentage of disability is a matter left to the sound discretion of the Commission. (Hines v. Industrial Acc. Com., 215 Cal. 177 [8 Pac. (2d) 1021].)
Petitioner presents the contention that the evidence is insufficient to justify the findings of permanent disability. It is argued that the permanency of the disability is not established by medical testimony and that the Commission cannot make such findings without expert testimony. The Commission replies that expert testimony is not necessary in all cases and that in the present case there is in fact the testimony of both expert and lay witnesses of sufficient force to justify the findings. The award was made nearly two years after the original injury. Cordes and the superintendent under whom he worked appeared before the officials of the Commission and testified that during this period Cordes could do only light work. His condition remained practically the same. The facts concerning each successive
No case has been cited to us in which it is held that the precise question whether an injury is permanent must be asked of a physician or surgeon. Nor has any ease been cited in which it has been held that the Commission cannot under any circumstances make a finding that an injury is permanent without the evidence of experts. Manifestly there are many cases in which laymen can well determine the permanency of an injury, such as the loss of sight or limbs.
Petitioner complains that the Commission failed to make a finding upon its contention that the first two awards are barred by the statute of limitations. An answer to the contention is found in the recent case of Consolidated Steel Corp. v. Industrial Acc. Com., 6 Cal. (2d) 368 [57 Pac. (2d) 919], decided by the Supreme Court on May 13, 1936, in which it was held that the Commission in finding that the petitioner was entitled to further compensation impliedly found against the plea that the claim was barred by lapse of time.
The awards are affirmed.
Crail, P. J., concurred.
Dissenting Opinion
I dissent. I cannot agree with the foregoing opinion in so far as it holds that expert medical testimony is not necessary to support the Commission’s finding of permanent injury. This case does not
In my opinion the matter should be remanded to the Industrial Accident Commission for further proceedings.
An application by petitioner to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on July 16, 1936.
Reference
- Full Case Name
- COUNTY OF LOS ANGELES, Petitioner, v. THE INDUSTRIAL ACCIDENT COMMISSION and ALFRED A. CORDES, Respondents
- Cited By
- 17 cases
- Status
- Published