Brunski v. Industrial Accident Commission

SHENK, J.

This proceeding was brought to review and annul an order of the Industrial Accident Commission. The facts in brief are as follows: The petitioner, Brunski, suffered a head injury in 1919 when worldng for the Ford Motor Company in the middle west. Later on he filed suit against that company for damages. His deposition was taken in Kansas City in 1923, in which he stated that following his said injury he had a roaring and thumping in his

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head, had headaches and dizzy spells once or twice a week, had nervous attacks two or three times a week, and his eyes were affected. The litigation was settled by the payment to Brunski of the sum of $1,000. He then came to California and became an employee of the Pacific Gas and Electric Company. While in the employ of that company he suffered a second head injury on October 7, 1924. He was off two weeks and was then declared by the doctor as able to work, a slight scalp wound having healed in the meantime. He did not return to work for the Pacific Gas and Electric Company, but about a week later went to work for the California-Oregon Power Company and worked for about fourteen days for that company. He filed an application for an adjustment of claim with the Commission on December 10, 1924, which application was dismissed on January 31, 1925, for failure to prosecute. Again on March 13, 1925, he filed a second application for adjustment of claim. In his statement to the physicians, and in his testimony under oath before the Commission’s referee, Brunski stated that he had never before had any head injury or symptoms of trouble in his head; that he was perfectly well until the time of his accident in October, 1924; that he had a slight head injury while working for the Ford Motor Company in Kansas City, but went to work three days thereafter and that said injury had no effect on him whatever ; that said slight head injury was the only head injury he had ever received, except the one he had when working for the Pacific Gas and Electric Company.

With the foregoing statements by Brunski to the Commission and the reports of the physicians based on false statements made by Brunski to them, the Commission on October 22, 1925, made an award granting to Brunski two weeks’ temporary total disability and fifty per cent partial disability thereafter continuing indefinitely. Within twenty days the employer, the Pacific Gas and Electric Company, filed a petition for a rehearing, which was granted.