Pacific Indemnity Co. v. Industrial Accident Commission

LANGDON, J.

This is a review of an award of the Industrial Accident Commission. Respondent Driscoll was

[462]

employed by petitioner’s assured as a teamster. He had an artificial leg. On May 9, 1930, while driving his team, the horses shied, causing him to lose his balance. His artificial leg was caught and broken beyond repair. He had no money to purchase a new leg and was unable to continue his work without it. The Commission made its award for temporary total disability from May 9, 1930, to October 1, 1930, in the sum of $383.44, and the further sum of $19.45 per week to continue until further order. The order also included an award for “medical treatment”, which obviously, in this case, was the replacement of the artificial leg.

The order of the Commission is based upon section 3, subdivision 4, of the Workmen’s Compensation Act, as amended in 1919 (Stats. 1919, p. 911, chap. 471), which provides: “The term ‘injury’ as used in this act, shall include any injury or disease arising out of the employment

including injuries to artificial members

...” Petitioner contends that this section goes beyond the scope of article XX, section 21, of the California Constitution, under which provision the Workmen’s Compensation Law was enacted, and is therefore unconstitutional. In brief, the argument is that the Constitution permits awards to be made for injuries to

icorkmen

and not their personal property, and that injury to an artificial member is not an injury to a workman.

The constitutional provision reads, in part, as follows:

“The legislature is hereby vested with plenary power, unlimited by any provision of this Constitution, to create, and enforce a complete system of workmen’s compensation, by appropriate legislation, and in that behalf to create and enforce a liability on the part of any or all persons to compensate any or all of their workmen for

injury or disability,

and their dependents for death incurred or sustained by the said workmen in the course of their employment, irrespective of the fault of any party. A complete system of workmen’s compensation includes adequate provisions for the comfort, health and safety and general welfare of any and all workmen and those dependent upon them for support to the extent of relieving from the consequences of any injury or death incurred or sustained by workmen in the course of their employment . . . full provision for such medical, surgical, hospital