Plotnick v. Workmen's Compensation Appeals Board

Opinion

MOSK, J. On December 26, 1967, petitioner filed an application with the Workmen’s Compensation Appeals Board (hereinafter the Board) alleging that he suffered an industrial injury to his right leg because of continuing trauma thereto during his employment between November 30, 1957, and October 26, 1966.1 The Board found that petitioner incurred an injury [624]in October 1966, but that his claim was barred by subdivision (a) of section 5405 of the Labor Code2 because he did not apply for benefits within one year from the date of injury. It found also that the claim was not timely filed under subdivision (c) of section 5405, which permits the filing of a claim for benefits within one year from the time the employer furnished medical treatment to the employee.3 The sole question we are called upon to consider is whether there was substantial evidence to support the latter conclusion.

In order to comprehend the problem before us it is necessary to discuss an injury suffered by petitioner prior to that asserted in this proceeding. On January 14, 1956, he was injured when some heavy bundles of wood fell upon him in the course of his employment. He incurred a spiral fracture of the right femur and was required to undergo a series of operations, during which a pin was inserted into the femur. On December 30, 1958, an award in his favor was made by the Industrial Accident Commission (now the Board), which found an 11% percent permanent disability. An award was also made for further medical treatment.

Petitioner returned to work on November 30, 1957, the date when the injury involved in the present claim commenced. His duties as a freight claims clerk required him to inspect and handle damaged merchandise during approximately half of his working day. He lifted the merchandise from its container, inspected it, returned it to the box, and placed it in a storage bin. The boxes often weighed 50 to 70 pounds. At least once a day he was required to climb a ladder to place a box in a seption of the storage bin higher than he could reach, and he would bring the box down the ladder when an inspector wished to examine the contents. He was also required to walk a distance of 250 to 300 feet three or four times a day in order to use a copying machine. The other aspect of petitioner’s duties involved working at his desk or getting up from the desk to obtain files or to assist other employees in obtaining information.