Quigley v. Industrial Accident Commission

THE COURT. This is a proceeding to review a decision of respondent Commission denying petitioner’s application for compensation for an injury which he claims to have sustained in the scope and course of his employment.

We have read the entire record. We are convinced that the case presents no question of law, but is one where the evidence was squarely conflicting as to the cause of injury. Under such circumstances, we cannot interfere with the decision of the Commission. In fairness to petitioner, it should be stated that the evidence produced by him would support an award in his favor, had such an award been made, but, unfortunately for him, the Commission chose to believe the medical testimony produced by the insur[47]ance carrier of his employer. We have no power to interfere with an award made under such circumstances.

The facts are not in dispute. Petitioner was employed as a janitor by respondent Ward Chandler Building Company. On the afternoon of July 21, 1933, in the course of his employment, he was engaged in the act of lifting a heavy desk for the purpose of changing the telephone wires. There was only a small space in which to work. While on his knees and while in a “twisted” position, he attempted to lift one end of the desk, so as to put the wires under it, and, as he did so, he experienced a sharp pain on the left side of his chest. As petitioner expressed it, it felt as if something “gave way” in his chest. He immediately told his superior, who was present, what had happened, and she told him not to try to lift the desk, but that she would get one of the other boys to lift it. Apparently no further symptoms occurred for a period of about twenty-four hours. During the afternoon of the next day, July 22d, while stooping over a wash basin, cleaning the same, petitioner experienced a very sharp pain, so acute that he could not straighten up. From then on he experienced considerable pain until July 25th, when he was sent to the Santa Fe Hospital, where he remained nine days, attended by doctors employed by the insurance carrier of the employer. At the end of that period, the insurance company denied liability and petitioner was then removed to the Los Angeles County General Hospital, where he remained for twenty days. Following that, he underwent regular and periodic examinations and treatment as an “out” patient of that hospital, and was still being treated at the time of the various hearings before the Commission.

There is no doubt of the nature of the ailment from which petitioner is suffering. He sustained what is known as a spontaneous haemo-pneumothorax, that is, a complete collapse of the left lung. The only disputed question is whether the collapse resulted from a preexisting pathological condition not connected with the employment, or whether it resulted from the strain of lifting the desk, in which event, of course, it would be compensable. The Commission, on the original hearing, and again on rehearing, decided the injury did not arise out of the employment. On this re