Rose v. Petaluma & Santa Rosa Railway Co.

TYLER, P. J.

This is a petition for a writ of review to determine the lawfulness of an original award made by the Industrial Accident Commission in favor of respondent Railroad Company and the State Compensation Insurance Fund, denying petitioner relief for an injury claimed to have been sustained while he was in the employ of respondent company.

[215]

It is also sought by the petition to determine the lawfulness of an order denying an application for. a rehearing in the matter of said award and the finality resulting from such denial.

Petitioner was employed by defendant company as a stevedore for about four years prior to December 13, 1921. On the last-named day, while loading freight on a steamer in San Francisco, he felt a sharp pain, so he claims, in his left side just below the ribs. Shortly thereafter he reported the matter to the captain of the vessel, but continued in his work for the day. On January 9, 1922, he visited the office of defendant company and reported that he was not able to work and demanded treatment for his injury. The superintendent of the floating equipment of the company had him removed to the Marine Hospital in an ambulance. On January 24, 1922, he was transferred from there to the Palo Alto Base Hospital, where he remained until February 28, 1922, when he was discharged. During the time he was at the Palo Alto Hospital his limbs were paralyzed. Upon the day of his discharge he was using a wheel-chair and was brought to Ms home in San Francisco in an automobile.

The evidence shows that within a few weeks after his injury petitioner presented to a druggist a prescription dated December 27, 1921, calling for salve composed of oxide of mercury, ammoniated mercury and zinc oxide, and a large piece of gauze, to be applied externally. The medical testimony indicates that petitioner was suffering from locomotor ataxia, brought on through a venereal disease. It also appeared in evidence that during the entire term of his employment petitioner was delicate in health, and had often and from time to time left his work on this account. Other evidence contradicted petitioner’s statement that he had complained of having been injured prior to the time he applied for compensation, it being admitted, however, that he had complained of stomach trouble.