Argonaut Insurance v. Industrial Accident Commission

NOURSE, J. pro tem.

*

Argonaut Insurance Company, as compensation carrier for an employer of one Shelton, seeks annulment of two decisions of the Industrial Accident Commission. The proceedings which resulted in the two awards under review here were, by the commission, consolidated for the purpose of hearing and disposition and we have consolidated them here for the purpose of decision.

The Relevant Facts

The applicant sustained three industrial injuries; the first one on August 7, 1958; the second on November 25, 1958; and the third on June 17,1959. At the time of the first two injuries applicant was employed by an employer for whom petitioner was the compensation carrier. He sustained the third injury while in the employ of a different employer for whom Industrial Indemnity Company was the compensation carrier.

Applicant filed separate applications for compensation benefits

1

as to each of the three injuries and as we have said, respondent commission consolidated all matters for the purpose of hearing and determination by the commission but after its final decision entered separate awards in each matter.

The applicant received medical care from petitioner for the first two injuries but he sustained very short periods of disability by reason of those injuries. The third injury resulted in prolonged disability and in a series of major surgical procedures which were performed by a surgeon of applicant’s own choice.

After hearing, the

trial referee

on January 29, 1960, issued findings of fact and an award by which he determined in

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essence that the employee's temporary disability which had followed the third injury, should be apportioned equally to each of the three injuries and that likewise one-third of the employee’s medical and hospital expense and future medical treatment expense should be apportioned to each of the three injuries and by the awards petitioner was ordered to pay two-thirds of the disability indemnity and two-thirds of employee's self-incurred medical and hospital expense and two-thirds of any future medical expense.