City of Pasadena v. Industrial Accident Commission

HOUSER, J.

On review of certain proceedings had before the Industrial Accident Commission, in essential particulars it appears that in the course of and arising out of Ms employment with the City of Pasadena, one Silka sustained certain injuries that disabled him for a period of several months, during which time he was paid compensation. More than one year after Silka was discharged as cured of his said injuries, he filed with the respondent commission his application for adjustment of his claim of compensation against the City of Pasadena. It is conceded that the determinative question of whether the proceeding before the respondent commission was barred by the statute of limitations is dependent upon the principal issue of whether the evidence produced at the hearing was legally sufficient to sustain its finding that “said injury caused new and further disability, ...”

From the several “reports” made by physicians relative to the original injuries that were sustained by Silka, it appears that they consisted of “cerebral concussion; traumatic injury to back; ...” Later, and within a period during which he was paid compensation, a bursa on his right knee developed, which bursa was subsequently excised. Thereafter, according to later “reports” by each of several attending or consulting physicians to Silka, his physical and mental condition was declared by one of them as evidencing no “disability relative to that (cerebral concussion) . . . except his subjective complaint of persistent fullness in the head and some loss of memory”. Another physician gave it as his opinion that “it might be inconvenient for Mr. Silka to resume any occupation where any kneeling is required, but otherwise I think he is capable of working”.

[651]

Included within the “report” of a third physician was the statement that “it is my opinion that this man has completely recovered from the effects of his injury, and should be able to carry out his regular work. There is no evidence of any back injury. I believe he is not having the pain and weakness he claims. I believe he has also recovered completely from any cerebral concussion which he may have sustained. ’ ’

The evidence upon which the finding by the respondent commission that a “new and further disability” resulted to Silica was based may be summarized from the several “reports” of physicians as follows: That Silka complained of “dull headache, constant with a feeling of pressure about the head; mental confusion, stating that it is impossible for him to continue any train of thought; ‘tiring’ pain in his back following any physical exertion; recurrent pain and stiffness in his right knee, which leads to unsteady walking and a rapid tiring.”