Al Gene Sportswear v. Industrial Accident Commission

FRAMPTON, J. pro tem.

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Petitioners, an employer and its workmen’s compensation carrier, seek annulment of a decision (on granting of rehearing) of the respondent Industrial Accident Commission, and of an order on reconsideration thereof, increasing a prior award of compensation to the respondent employee for permanent disability indemnity and other compensation benefits.

The said subsequent decision was made more tEan five years after the date of the employee’s injury. The order on reconsideration, which in effect affirmed the decision on rehearing, was issued upon a petition which alleged that the employee’s disability had recurred or increased.

Under the facts presented and for the reasons later stated, it is our opinion that the commission had no jurisdiction to issue either its decision on reopening or its later order on reconsideration.

The employee, a clothes presser, sustained an industrially caused injury to her right arm on August 4, 1954.

On August 4, 1958, after hearing, findings were made that said injury, among other things, had caused permanent disability of 22% per cent of total and that the employee was not in need of further medical treatment. An award was made based upon such findings.

On July 7, 1959 (i.e. shortly before five years had elapsed since the date of injury, August 4, 1954), the employee filed a

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petition to reopen. The grounds stated in said petition will be reviewed later in connection with the respondent commission’s contention that it had jurisdiction to reopen the matter and award additional compensation benefits under section 5410 of the Labor Code on the basis that the original injury had caused new and further disability.

The order granting the employee’s petition to reopen and increasing the prior award was issued April 25, 1961, more than five years after the date of the injury.

In the order and decision of April 25, 1961, the commission found, among other things, that the injury had caused new and further disability from February 3, 1959, to March 11, 1959, entitling the employee to $24.70 per week during said period; that the injury also had caused permanent disability which was rerated at 75 per cent of total (instead of 22%% of total as found in its prior findings and award of August 4, 1958) entitling the employee to substantially increased permanent disability indemnity; and that the employee was entitled to be reimbursed for certain self-procured medical expenses and to such continued and further medical treatment as may reasonably be required during the remainder of her life to relieve from the effects of said injury.