Hercules Powder Co. v. Industrial Accident Commission

STURTEVANT, J.

The petitioner, as employer and its own insurance carrier, has applied for a writ of review to have annulled an award made by the Industrial Accident Commission in- favor of Charles H. Neyman. In its points and authorities it claims that the respondent Commission exceeded its powers in making several different findings.

The facts out of which the controversy arose are comparatively brief. The claimant, Charles H. Neyman, is by occupation an electrical engineer. Within a few years prior to October 10, 1931, he applied to the Pacific Gas and Electric Company for employment. Before employing him he was required to undergo a medical examination. A little later

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he applied to the Ford Motor Company for employment. It also required him to undergo a physical examination. Still later he accepted employment with the Hercules Powder Company. He had been in their employ about a year. On October 10, 1931, while operating an electric drill, some of the dust made by the drill while he was boring was blown into both eyes. The petitioner took him to the Richmond Hospital, where Dr. Hedges instilled four per cent cocaine in both eyes to enable him to remove the dust particles. On the next day, upon Neyman’s complaint that his right eye was still bothering him, he was taken by the petitioner to Dr. Stephens. The latter made a thorough examination and prescribed a treatment. At the time that Dr. Hedges treated the patient, the patient was suffering great pain. After the treatment was finished and all dust particles removed the eyes were irrigated and then the right eye was bandaged and the patient was directed to allow the bandage to remain for a day. When Neyman was examined by Dr. Stephens the latter removed the bandage. At that time he found the inflammation had passed away and the eyes were so clear that he was able to and did make a full and complete examination, the result of which disclosed that Neyman was suffering from chronic glaucoma of at least a year’s standing which was far advanced in both eyes. About the 1st of November Neyman consulted Dr. Benjamin Thomas of Oakland. Upon making an examination Dr. Thomas reached the same conclusions regarding the presence of glaucoma and the long standing thereof. From the time that Neyman went to Richmond Hospital and continuously thereafter all vision of the right eye was entirely gone. The left eye was inflamed immediately after the dust particles got into it, but responded to treatment by Dr. Hedges. The record discloses nothing to the contrary until December 11, 1931. About that date Dr. Thomas made further examinations and as stated in his letter on that date “Mr. Neyman has a very grave prognosis in regard to the vision in his left eye also.” Our attention has not been called to any other passage in the record regarding the condition of the left eye subsequent to the date last mentioned.