Blanchard v. Industrial Accident Commission

NOURSE, J.

This is an original application in

certiorari

to review the award of the respondent Industrial Accident Commission made under the terms of the Workmen’s Compensation Act of 1917. (Stats. 1917, p. 831.) The petitioner is a glass-blower by trade. He worked at his calling under three different employers as follows: For about twelve years with the Illinois-Pacific Glass Company, then for six months with the Pacific Coast Glass Company, and then for six months with the Southern Glass Company. While working under these employers he contracted what is known as “glass-blowers’ arm.’’ He was re-employed by the Pacific Coast Glass Company for about two weeks, during which period he was engaged in packing and lifting boxes. At the end of this period—about October 12, 1922—he was transferred to the glass-blowing department, where he worked for about forty minutes and was then forced to discontinue his employment on account of the trouble with his arm. It appears that some three or four years before this date his right arm was affected with the disease and he was then compelled to discontinue the use of that arm. He then shifted his work to the left arm and was able to continue in his trade without medical treatment, though with diminished efficiency. Within a short time thereafter the left arm began to trouble him and he then for the first time reported his condition to his employer and was informed that he was suffering from, the disease mentioned. He continued, however, in his employment until October 12, 1922, when, while in the employ of the Pacific Coast Glass Company, as above stated, he was forced to discontinue his work. Application for compensation was first made on May 24, 1923, more than six months after he had thus quit work. However, the Ocean Accident & Guarantee Corporation, the insurance car

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rier of the last-named employer, paid some compensation to the petitioner during this period and thereby, under the terms of section 11 (c) of the Workmen’s Compensation Act, the running of the statute of limitations was extended as to that employer. Upon the hearing of his application for compensation the Commission awarded the petitioner $1,249.80, being fifteen per cent of the total disability and prorated the amount awarded among the three employers above named. On this basis the amount of the award against the Pacific Coast Glass Company (three-eighths of the total) was $468.70, and no objection is made by that company or its carrier in the payment of that amount. The Commission then found that the remaining five-eighths of the total award, which was charged to the other two employers, was barred by the statute of limitations and the petitioner is therefore unable to collect the same. The purpose of this petition is, ' therefore, to seek the annulment of that portion of the Commission’s award which prorates the compensation between the three employers and holds the two previous employers freed by reason of the statute of limitations.