Children's Hospital Society v. Industrial Accident Commission

[366]

DORAN, J.

This is a petition to review the findings and award made by the Industrial Accident Commission against petitioners, in favor of respondent Sarah Boulware.

After a hearing, the commission entered its findings, in substance to the effect that Sarah Boulware, the applicant, while employed as a graduate nurse on and prior to January 1, 1936, at Los Angeles, by the Children’s Hospital, had sustained injury arising out of and occurring in the course of her employment, in that she had contracted poliomyelitis, or infantile paralysis; and said commission awarded her certain compensation therefor.

It is contended by petitioners herein, in part, that “the commission acted without and in excess of its jurisdiction” and that there was no substantial evidence to support the finding; that on the contrary the evidence showed, without conflict, that the cause and source of the disease are unknown.

The evidence shows that Miss Boulware worked as a nurse at the Children’s Hospital from July 10, 1934, to January 1, 1936, with the exception of the month of September, 1935, when she was absent on vacation. Although her choice of residence ivas optional, she lived in the dormitory near the hospital with other nurses and hospital workers. The dormitory consisted of the two upper floors of a building located on the corner of Vermont Avenue and Sunset Boulevard, in Los Angeles, the lower floor of which was occupied by stores. She worked from 10:30 P. M. to 7:00 A. M., with one night “off-duty” each week. Her activities were otherwise unrestricted.

The evidence further shows that the Children’s Hospital did not treat contagious diseases of any character; that during Miss Boulware’s employment at the Children’s Hospital she neither treated nor came in contact with any case of poliomyelitis, nor is there any evidence that she came in contact with any other nurses, doctors or hospital workers infected with the germs of such disease.

She testified, in substance, that she felt indisposed during the last three weeks of December; that about January 4th she consulted a physician who ordered her sent to the County Hospital. About January 5th her illness was diagnosed as poliomyelitis. She remained in the County Hospital in