California Casualty Indemnity Exchange v. Industrial Accident Commission

THE COURT. A hearing was granted in this cause after decision by the District Court of Appeal of the Second Appellate District, Division Two, in order that this court might more thoroughly examine into the questions presented for determination. Further consideration thereof has satisfied us as to the correctness of the opinion prepared by Mr. Justice Wood when the matter was before the District Court of Appeal. Therefore, with such additional comment as shall be appended thereto, we hereby adopt said opinion as and for the opinion of this court. It reads:

“Respondent Crawford filed an application with the Industrial Accident Commission wherein he sought to recover from petitioner, the insurance carrier for his employer, the reasonable value of his eye-glasses which were damaged in an industrial accident. The commission filed its findings in favor of Crawford, awarding him the cost of replacing [531]the lenses of his eye-glasses. The insurance carrier seeks annulment of this award.

" The sole question presented to us for consideration is whether or not eye-glasses are artificial members within the meaning of the Workmen’s Compensation Act. Section 3208 of the Labor Code (formerly sec. 3 (4) of the Workmen’s Compensation Act), provides: ‘Injury includes any injury or disease arising out of the employment, including injuries to artificial members.’ (Italics ours.)

“It becomes necessary for us to determine what the legislature meant when it used the term ‘artificial members’ in that section. ‘Member’ is defined in Webster’s New International Dictionary as being: ‘A part or organ of the animal body; especially a limb or other separable part.’ The word ‘artificial’ is defined by Webster’s New International Dictionary as being in opposition to the word ‘natural’. An artificial member must be held to be a substitute for a natural part, organ, limb or other separable part of the body. We believe this conclusion to be fully in accord with the decision ... in the only case in this jurisdiction which has been brought to our attention, involving an interpretation of this section of the Workmen’s Compensation Act. In Pacific Indemnity Co. v. Industrial Acc. Com., 215 Cal. 461, at 465 [11 Pac. (2d) 1, 82 A. L. R. 1170], the court, in holding that an award may be made for an artificial leg, states: ‘Fear is expressed by petitioner that the award is the forerunner of others for injuries to clothes, tools, automobiles or other personal property. We anticipate no such result. The Constitution, in our opinion, authorizes compensation for injury to the body of the workman, including every part thereof, natural or artificial, which is essential to its proper functioning. Other things, such as clothes and tools, may be necessary if he is to perform his duties, but their destruction does not cause him a physical injury or disability. His body may function without them.’