American Motorists Insurance v. Industrial Accident Commission

HOUSER, J. In this proceeding the petitioner seeks to have reviewed by this court an order made by the respondent Commission by which an employee of Mascot Pictures Corporation was awarded compensation as for an injury sustained by such employee in the course of and arising out of his said employment.

The essential facts herein appear to be that on September 24, 1932, in the course of his employment and caused by reason of the fact that he was obliged to and did perform his labor during a rainstorm from which he was unprotected, the employee contracted a severe cold which developed into [67]bronchial pneumonia, and on which said date he was placed in a hospital for care and treatment. For a period of eight days, or from September 24th to October 2d, the employee remained in the hospital, but on October 3d he returned to his work, and thereafter for a period of three days next thereafter apparently performed the duties attached to his the expiration of which time he suffered a “relapse” and “began to feel ill again and his voice became so hoarse he could not talk”. With reference to his then condition, the report of the attending physician shows that the employee appeared “to be convalescing from respiratory infection . . . complicated by laryngitis”. Following his “relapse” the employee was under the care of a physician from October 6th to October 16th, or, “for a period of two weeks”; —at the expiration of which time apparently he had been restored to normal health and activity.

No compensation, or benefits of any bind, for his “injury” were ever paid or agreed to be paid by his employer, or by its insurer, to the employee, or to anyone for him. Not until November 8, 1934, which was more than two years after the employee first became ill while engaged in his said employment, was any “application for adjustment” of his claim for compensation presented or made by the employee, or by any one in his behalf, to the respondent Commission. Following a hearing by the latter of the said application, the respondent Commission made its award to the employee based primarily upon findings that:

“Said injury caused temporary total disability from September 24, 1932, to and including October 2, 1932; and from October 6, 1932, to and including October 16, 1932, entitling the employee to disability indemnity for the period between October 6, 1932, to and including October 16, 1932, . . .

‘‘ The claim for disability indemnity between September 24, 1932, and October 6, 1932, is barred by the period of limitations prescribed by said Act. ...”