Meyers v. Industrial Accident Commission

STURTEVANT, J. Petitioners have applied for a writ of review seeking to have an award heretofore made by the respondent commission amended. The findings and the award involved as follows:

“findings op pact.

“1. James D. Titsworth, aged 27, while employed as a laborer on July 21, 1939, at Westley, California, by J. C. Meyers, sustained injury occurring in the course of and arising out of his employment, consisting of an injury to his left foot and ankle. At said time said employer’s insurance carrier was U. S. Fidelity & Guaranty Company, and both the employer and employee were subject to the provisions of the Workmen’s Compensation, Insurance and Safety Laws of the State of California.

‘12. Said injury caused temporary total disability, continuing from July 21, 1939, to and including November 17, 1939, entitling the employee to $15.44 a week during said time, exclusive of the waiting period of seven days. The foregoing [667]weekly benefit is based on wages of $25.00 a week. Said injury caused temporary partial disability beginning November 18, 1939, and continuing indefinitely, during which time work of a type which the employee could perform has not been available to him, and therefore said employee is entitled to further disability indemnity at the rate of $15.44 a week beginning November 18, 1939, and continuing indefinitely. The carrier is entitled to a credit in the sum of $26.46 on account of compensation heretofore paid.

“3. The employee is entitled to his reasonable medical expenses obtained subsequent to August 9, 1939, which will be fixed by this Commission subsequently upon request and the filing of itemized bills in the event the parties are unable to adjust the same out of court.

“4. Applicant's attorneys are entitled to a lien against unpaid compensation for the reasonable value of their services in the sum of $35.00.

“award.

“Award is hereby made in favor of James D. Titsworth against U. S. Fidelity & Guaranty Company of the sum of $15.44 a week beginning July 29, 1939, until the termination of disability or further order of this Commission less the sum of $26.46 heretofore paid on account of compensation, and less $35.00 payable to Cleary and Zeff, as attorneys’ fees.’’

James D. Titsworth while employed as a laborer in doing some carpenter work was injured. The injury occurred when he and others employed at the work were attempting to put the side of a cabin in place. The structure slipped and injured his left foot and ankle. Both at the time of the accident and prior thereto he had been engaged as .a laborer doing any kind of labor in which he could find employment. The injury was such as to cause him to remain off of the foot at times, at other times to walk with crutches, and at still other times to walk with difficulty. There was evidence introduced that the disability was fifty per cent. No evidence was introduced that it was possible for a person so crippled to obtain any kind of employment nor was there any evidence that after the injury Titsworth was employed in any capacity whatsoever.