Liberty Mut. Ins. Co. v. Ind. Acc. Com.

231 Cal.App.2d 501 (1964) LIBERTY MUTUAL INSURANCE COMPANY, Petitioner,

v.

INDUSTRIAL ACCIDENT COMMISSION and WALTER F. WALDEN, Respondents.

Civ. No. 10967. California Court of Appeals. Third Dist.

Dec. 28, 1964. Hanna & Brophy and F. Clinton Murphy for Petitioner.

Everett A. Corten, Charles Decker and Leep & Saunders for Respondents. [503]

VAN DYKE, J. [fn. *]

Petitioner herein seeks review and annulment of an award of compensation for a new and further disability. By findings and award of March 18, 1963, the commission determined that an injury sustained by Walter F. Walden, hereinafter referred to as applicant, on July 25, 1959, had produced neck and back disability equivalent to 6 1/4 per cent of total and that said disability became permanent on August 7, 1961.

Applicant filed a petition to reopen on or about September 30, 1963, alleging that his condition had changed and worsened and requesting a hearing on his claim for new and further disability. Following notice and hearing, on March 31, 1964, supplemental findings and award issued. The findings were that the injury of July 25, 1959, caused further temporary disability from May 1, 1963, to October 25, 1963, and thereafter during the continuance of disability, and that applicant was in need of further medical treatment to cure or relieve said injury.

On petition for reconsideration respondent Liberty Mutual Insurance Company, hereinafter referred to as petitioner, urged that the award of temporary disability benefits was erroneous for various reasons hereinafter discussed. By opinion and order of May 18, 1964, the petition was denied. Petitioner now seeks review and annulment of said supplemental award.

On July 25, 1959, applicant, while engaged in his work of sorting logs on the log pond at the U.S. Plywood Mill near Anderson, California, was struck on the upper back and left shoulder by a heavy "headache ball" suspended by a cable from a crane. He continued to work with only two or three days of missed employment until about June 1, 1961. During this period, however, he complained of head, neck and back pain, growing increasingly severe with the passage of time. After some time off, during which he was examined by physicians, he attempted to return to work but was unable to continue. He was off duty from June 13, 1961, until October 6, 1961, when he tried again to perform his work on the log pond, but the pain became so bad he had to leave the job on October 31, 1961. He did not return thereafter until the winter of 1963. In the meantime, after due proceedings taken, the findings and award of March 18, 1963, were made as above noted.