Jordan v. Industrial Accident Commission

BARNARD, P. J.

This is a petition to review an order of the Industrial Accident Commission. On April 15, 1937, the respondent Sears, while engaged in the performance of her duties as an employee of the petitioner, suffered an injury to her teeth. It is conceded that she was a minor at that time and that she reached the age of 21 years on June 6, 1939. Six' months and five days later, on December 11, 1939, she filed her claim for compensation with the respondent commission. After a hearing, she was awarded $105 as the reasonable cost of the dental treatment made necessary by the injury.

The only point raised is that the respondent commission was without jurisdiction to make this award since the proceeding was barred by the limitation provided for in subdivision (a) of section 5405 of the Labor Code, the same not having been started until more than six months after the applicant became 21 years of age.

Two periods within which such a proceeding may be commenced are provided for in section 5405. In addition to the six months’ period fixed by subdivision (a), subdivision (b) permits the bringing of such a proceeding within two years from the date of injury “in cases where agreement for a release or compromise, which has not been approved by the commission, is made for an amount less than the full compensation or benefit” to which an employee is entitled. In the instant case, it was established by testimony and by the stipulation of the parties that immediately after the accident the petitioner orally agreed with the applicant to pay one-half of the dental bill provided she did not file a claim. Subsequently, he refused to pay the bill or any part of it on the ground that it was excessive. The petitioner contended before the commission that subdivision (b) of section 5405 had no application here since it refers to an agreement for a compromise and since section 5003 of the Labor Code provides that every “compromise agree

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ment” shall be in writing. We think this contention may not be sustained.

The provisions for compromise and release of such claims are contained in chapter 2 of part 3 of the Labor Code. In general, they are as follows: Section 5000 gives the parties the right to compromise a liability claimed to exist “subject to the provisions herein contained”. Section 5001 defines such compensation and provides that no compromise agreement shall be valid unless it provides for full compensation or unless it is approved by the commission. Section 5002 provides that a copy of the compromise agreement signed by both parties shall be filed with the commission. Section 5003 provides that every such agreement shall be in writing and includes further requirements as to its form.