C. C. Moore & Co. v. Industrial Accident Commission

TYLER, P.

J.

Certiorari to review an award of the Industrial Accident Commission. It appears from the petition that respondent Alfred Gustafson was injured while in the employ of petitioner C. C. Moore

&

Company. He fell a distance of about eight feet and fractured his right osealis, commonly called the heel hone. Compensation was assumed and paid by petitioners and medical attention was furnished. A dispute arose over the propriety of certain medical attention and over the period of disability. Gustafson then filed an application for adjustment of claim before the Commission, in which he sought a permanent injury rating. Petitioners herein contested the claim, alleging that Gustafson had neglected, refused, and failed to continue his medical treatments and had likewise failed to take up some light work which would reduce his disability. On January 27, 1925, the Commission made its findings and award, allowing total compensation from September 20, 1923, to December 5, 1924, and partial disability from and after December 5, 1924. Further medical treatment was ordered to be given, which was tendered by petitioners. Gustafson became dissatisfied with the award and on February 27, 1925, filed a petition for a rehearing, claiming that he had been totally disabled .since his injury. The petition was granted. Further hearings were had and on May 28, 1925, the Commission made its decision, after rehearing, by which it rescinded the previous findings and award and found that the right ankle joint had received a permanent injury in the nature of stiffness and pain, which entitled Gustafson to an award of twenty-six and one-fourth per cent of total disability, amounting to 105 weeks’ compensation in a total sum of $2,187.15. This award became final 20 days thereafter and was paid. It extended to about October 1, 1925. Thereafter Gustafson returned to work and

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in January, 1926, he had an attack of weeping eczema. In February, 1926, he filed a petition claiming new and further disability. After hearing the Commission made its “Order Amending Findings and Award.” In this order the Commission rescinded the previous orders and allowed total disability from September 20, 1923, to and including May 31, 1925; partial disability from May 31, 1925, to and including January 22, 1926. It further found the eczema to be compensable, and allowed temporary total disability from and after January 22, 1926, and ordered further medical treatment. A petition for rehearing was filed by petitioners herein on May 28, 1926, in which it was set forth that the Commission acted without and in excess of its powers in that the question of the permanency of the bone condition and the need for medical attention had been previously considered, and that there was no change in condition that would justify any alteration in the award; that the medical reports showed without conflict that the eczema was not due to the injury and that the Commission should not, therefore, have allowed any compensation for it. It was also claimed that the case was not one coming within the continuing jurisdiction of the Commission in that the only question that had been compensable was the injured ankle, which had been fully adjudicated in the award of May 28, 1925. On June 21, 1926, the petition for a rehearing was granted. On September following the Commission rendered its decision, after rehearing, in which it fvund that the temporary disability did not exceed the period of permanent disability, viz., 105 weeks; that the illness of January 22, 1926, was not a new and further disability caused by the injury and “that the disability caused by the injury herein does not require further surgical or medical treatment. That the disability resulting from the injury is at this time the same "as heretofore found herein by the decision made and filed herein on May 28, 1925.” In accordance therewith the Commission annulled the order of May 20, 1926, and reaffirmed the order of May 28th, 1925. Gustafson filed a petition for rehearing, which was denied October 20, 1926, and the decision after rehearing of September 20, 1926, became final. On March 17, 1927, Gustafson filed a petition for Supplemental Award of Medical and Hospital Expenses and Disability Compensation.” In this petition it was set