Mihesuah v. Workmen's Compensation Appeals Board

Opinion

CALDECOTT, J.

Petitioner seeks review of Workmen’s Compensation Appeals Board opinion and order after reconsideration (February 1, 1972). The opinion and order after reconsideration affirmed and adopted the referee’s finding that the applicant’s cause of action was barred by the statute of limitations. In view of the fact that the referee and the board found that the petitioner’s claim was barred by the statute of limitations, they did not rule on whether the applicant had sustained an injury arising out of and in the course of his employment.

Petitioner has had a sixth grade education. At the time of his injury on April 29, 1969, he was 46 years of age and was working as a maintenance mechanic for Union Oil Company. On April 29, 1969, petitioner drove his • own truck to work in San Francisco from his home in the East Bay area. At the end of the day, however, he drove from work in a Union

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Oil Company truck. Petitioner took the company truck, with permission, because he had to stop the following morning to pick up some parts for work. While on his way home, petitioner was involved in a serious collision and was badly injured.

Union Oil Company treated the injury as a nonindustrial injury and, over the next two years, applicant received extensive benefits from Union and its group policy carriers. Petitioner was not informed by Union Oil that they had decided to treat his accident on a nonindustrial basis. Hospitalization of the petitioner was for two months and he has been temporarily disabled ever since.

It was the end of February or the beginning of March 1971, that petitioner was informed that his emplóyment would be terminated on May 31, 1971. At the same time, petitioner was also notified that his benefits would be terminated. Petitioner immediately consulted counsel, and his application for workmen’s compensation was filed on March 22, 1971, approximately two years after the date of his accident.

Following are the petitioner’s claims;

(1) The application for workmen’s compensation was filed within one year of the date on which benefits encompassed by Labor Code section 5405