United Air Lines, Inc. v. Industrial Accident Commission

PETERS, P. J.

On June 14, 1957, the commission rendered its “Decision after Reconsideration” by which it held that it had jurisdiction to render the order more than five years from the date of injury, and reaffirmed an order of May 24, 1955, providing for future medical treatment to the injured employee. The United Air Lines, Inc., and its carrier seek annulment of the order.

The case involves the proper interpretation of sections 5803, 5804 and 5410 of the Labor Code. Under sections 5803 and 5804 the jurisdiction of the commission in certain matters terminates five years after the date of injury. Under section 5410 the commission has jurisdiction after five years from the date of injury on claims for new and further disability if the claim is filed before the expiration of the five years. The question here presented is into which of these categories does the present proceeding fall?

On March 6, 1950, Lobdell was seriously injured in the course and scope of his employment with United Air Lines. He was given medical care and compensation for temporary disability. Various hearings and proceedings were had before the commission prior to October 30, 1953.

On that date a Decision after Reconsideration was rendered awarding the employee a 21 per cent permanent disability rating and expressly finding that the applicant was “not in need of any further medical treatment to cure or relieve him from the effects of his injury.”

On March 2, 1955, four days less than five years from the date of injury, the employee filed a “Petition to Reopen to Amend Decision after Reconsideration to provide the Applicant with Future Medical Treatment, ’ ’ praying for an amendment to the Decision after Reconsideration “to provide the applicant with future medical treatment.”

On May 24,1955, after the five years had expired, the Commission issued its “Order Amending Decision after Reconsideration to Provide Future Medical Treatment,” ordering

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that the Decision After Reconsideration be "amended to provide for future medical treatment, as may be required.” Present petitioners duly filed a "Petition for Reconsideration” which was granted, and nearly two years later, on June 14, 1957, the commission issued its "Decision after Reconsideration” ordering that the order of May 24, 1955, "Amending Decision after Reconsideration” "be, and the same is, affirmed and adopted as the Decision after Reconsideration.” It is this last order, and the one of May 24, 1955, that petitioners seek to have annulled in this proceeding.