Nelson v. Industrial Accident Commission

FINCH, P. J.

This is an application to review the decision of the Industrial Accident Commission denying the petitioner’s claim for compensation for disability alleged to have been caused by two accidents to his knees arising out of and in the course of his employment by the Yosemite Lumber Company.

The petition alleges: “1. That the commission acted without and in excess of its powers. 2. That the order and decision was unreasonable. 3. That the findings of fact do not support the order, decision and award under review.”

The commission found: “That . . . applicant fell from a pile of lumber while in the course of his employment, but the evidence is insufficient to establish as a fact that the disability complained of was proximately caused by said fall.”

Dr. H. Jalmer Kyleberg, a contract surgeon for the Yosemite Lumber Company, who gave applicant professional treatment for the injuries resulting from the alleged Occidents, was sworn as a witness for the applicant and testified that the alleged disability consisted of abscesses on both knees caused by streptococcus infection; that the accidents alleged were slight and, in the opinion of the witness, were not contributing causes of the abscesses. No other expert witness testified. The abscesses developed about three weeks after the last accident, the applicant having been engaged in his usual employment in the meantime. The application for compensation was not contested in the sense in which the word contest is usually under

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stood. R. C. Dracey, manager of the lumber company, and who represented the defendants at the hearing, being called as a witness for the petitioner, stated: “I think there is no disposition on the part of the company to avoid any issue raised by the man, or meet any condition that the man is entitled to.” Neither party was represented by an attorney.

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The referee conducted the examination in a manner eminently fair to both parties, and the conclusion reached is the only one which could reasonably be drawn from the evidence.

Attorneys for the Industrial Accident Commission fairly state the facts and the law bearing upon the further contentions of petitioner as follows: “Two hearings were held in the case, of which petitioner concedes he had notice and full opportunity to present all the testimony he desired to offer. He does not complain that any testimony offered by him was ruled out, that he was misled by erroneous advice into omitting to secure necessary testimony, or that any reasonable request for continuance for the purpose of producing such testimony was refused.