Royal Indemnity Co. v. Industrial Accident Commission

DORAN, Acting P. J. The admitted facts of this case are as follows: “The respondent Donald James Hitchcock, while a minor, was injured on June 11, 1941. He received medical treatment until the spring of 1943 and compensation from June 11, 1941, until February 13, 1942. He received an additional sum of $995.53 paid on an informal permanent disability rating dated August 4, 1943. The last foot apparatus was furnished the claimant on May 11, 1946. The claimant became of age, that is, twenty-one years of age, on December 25. About three years and one month after he became of age, he filed the claim with the Industrial Accident Commission on January 21,1947. No guardian or guardian ad litem was appointed for the claimant while he was a minor. As a result of his injury all of the toes of the left foot were amputated at the metatarsal phalangeal joint.”

In addition to the above facts, the respondent Commission calls attention to a stipulation filed March 11, 1947, reading as follows:

“It is hereby stipulated by and between Donald James Hitchcock and International Derrick and Equipment Company and Royal Indemnity Company through Eugene S. Ives, their attorney of record, that the figures contained in the report of R. E. Haggard on August the 4th, 1943, are correct, and that if the applicant had been working at the age of 21 his wages would have been $34.00 per week, entitling him to disability payments of $22.10 per week.”

At the hearing before the Industrial Accident Commission February 25, 1947, the employer, and the insurance carrier, petitioner herein, raised the issues of the statute of limitations, and “Lack of jurisdiction of this Commission.” However, the Referee found that “Applicant is entitled to life-time medical treatment, including prosthetic devices,” and ruled that “The claim is not barred by the Statute of Limitation; the Industrial Accident Commission has jurisdiction.” The employee’s permanent disability was found to [375]be 22% per cent, as against an earlier rating of 17% per cent on August 4,1943. Thereafter a petition for rehearing was filed, the denial of which led to the present petition for a writ of review.

It is petitioner’s present contention that “the claim of the applicant before the Commission was barred by the Statute of Limitations; that the accident occurred on June 11, 1941; that the last payment of compensation was on August 4, 1943; that the last foot apparatus was furnished applicant on May 11, 1946; that applicant became of age on December 25, 1943; that the application herein was filed on January 21, 1947, more than six months following the accident, more than six months following the last payment of compensation; more than six months following the furnishing of the last foot apparatus ; more than six months, as a matter of fact about three years and six months, after the injury. ’ ’