Zollars v. Industrial Accident Commission

STURTEVANT, J.

The petitioner commenced this proceeding to obtain a writ of review for the purpose of having annulled an award of the respondent Commission. The record discloses that on the fifteenth day of July, 1928, the petitioner was employed by the Red River Lumber Company as a grader. While so employed he suffered an injury. A veneer panel fell and struck him on the right leg at a point slightly on the inside of, and a few inches above, the ankle. The bruise was about the size of a nickel. The injury was so slight that, although the skin was roughed up, neverthe

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less there was no bleeding. Later the petitioner went to the employer’s doctor and the wound was dressed with antiseptics. At the time of the injury the petitioner was suffering from varicose veins on both legs. After the injury the petitioner continued his work until August 1, 1928, but at that time was ordered into the hospital for treatment. He was then suffering from a varicose ulcer at the point where he had been injured. The ulcer was treated until August 19, 1928, when it was sufficiently healed so he could return to work. On August 27th he again entered the hospital and was there until September 17th. He returned to work and on October 18th he entered the hospital and was treated until January 7, 1929. At that time he was discharged “ulcer again healed”. On February 8, 1929, the petitioner was again admitted to the hospital and was treated until March 9, 1929, when he was discharged “ulcer healed”. On March 14th he was again admitted to the hospital and was treated until April 27th when he was again discharged “ulcer healed”. On leaving the hospital he went east and did not return to California until the early part of December, Í930. While east the ulcer again broke forth and he consulted Dr. A. S. Beatty at Preston, Iowa, and was treated by him. That was on August 11, 1930. The treatment continued until September 19, 1930, when his varicose veins were injected. The ulcer healed but soon broke down and the petitioner was last treated by Dr. Beatty on November 16, 1930. When the petitioner returned to California he was again admitted to Westwood Hospital and was treated until March 21, 1931, at which time the ulcer was healed and he was discharged from the hospital. Down to that date he had been paid indemnity for all lost time. Those payments aggregated $1545.06. Between the date of the accident and March 21, 1931, is approximately 139 weeks. He was paid indemnity for 80 weeks but for 59 weeks he was at work and received no indemnity. When he was informed that the payment made on March 21, 1931, was the last payment the petitioner commenced a proceeding before the respondent Commission. After numerous hearings, on February 29, 1932, the respondent Commission made and caused to be filed its award, which in part is as follows: “The disability caused by such injury did not extend beyond the period covered by said payments; and subsequent