Blakeley v. Workmen's Compensation Appeals Board

Opinion

BURKE, J.

Petitioner seeks review of the appeals board’s opinion and order denying reconsideration of the referee’s findings and award which disallowed petitioner’s claim for compensation benefits for permanent disability. We have concluded that petitioner’s application for benefits was timely filed and that the board’s decision should be annulled.

Petitioner testified that on June 5, 1967, she was employed as a potato chip packer, and that on that date she slipped and fell during the course of her employment, injuring her knees, elbow, pelvis and rib cage. She further testified that the following day she showed her injuries to the company nurse, who examined her and told her to take some aspirin, but who

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did not advise her to see a doctor; that petitioner, having already taken some aspirin at her home, declined the offer of aspirin, telling the nurse that she could obtain more aspirin from the “chip room” cupboard if she needed them; that the nurse told petitioner to take the aspirin that was so provided; and that subsequently petitioner did take some aspirin from the cupboard. Petitioner completed an accident report the day following her fall, and she continued to see the nurse for three or four days thereafter, but her condition did not improve. She continued working until November 14, 1968, and filed her claim for compensation benefits on April 7, 1969, 22 months after the date of her injury.

The referee and board denied petitioner’s claim solely on the basis that it was barred by the one-year limitations period under Labor Code section 5405.

1

and held that the mere furnishing of aspirin to petitioner did not constitute medical treatment which would have entitled her, under section 5410.

2

to a five-year period for claiming benefits for new and further disability.

The rule as established by the cases is that before an employee is entitled to the advantage of the five-year period under section 5410, he must have been furnished workmen’s compensation benefits by the employer either voluntarily or pursuant to a commission award.