Pacific Employers Insurance v. Industrial Accident Commission

VAN DYKE, P. J. We heretofore issued writs of review on petitions therefor by Pacific Employers Insurance with Empire Star Mines Company, Limited, a corporation, and State of California, Subsequent Injuries Fund. These are proceedings to review an award and related orders of respondent Industrial Accident Commission in the matter of the claim of Felice Mazzanti.

We shall refer to Pacific Employers Insurance Company as “Pacific,” Empire Star Mines Company as “Empire” and Subsequent Injuries Fund as “the Fund.”

On February 11, 1955, the respondent commission entered a decision wherein it awarded the applicant employee Mazzanti a permanent disability rating for injuries arising out of silicosis contracted while employed as a miner. The decision also apportioned liability between Pacific, Empire and the Fund and granted to the Veterans Administration a right of recovery of expenses incurred by them in treating the applicant. On March 2, 1955, Pacific and Empire petitioned respondent commission for reconsideration. On March 11,1955, Pacific, Empire and the Fund petitioned this court for writs of review. On March 23, 1955, and before this court acted on the petitions for review, the respondent commission granted reconsideration. It appears that there was considerable uncertainty on the part of the three petitioners here and the commission as to whether or not the commission could grant reconsideration and as to what effect the order of March 23d purporting to do so had upon the rights of the parties. The uncertainty arose because of the previous history of the proceedings before the commission. Upon application of Mazzanti there had been an award based on a finding of total temporary [24]disability resulting from his employment in mining. The award ran against Pacific and Empire. After paying out considerable sums over a period of time Pacific, on February 1, 1952, petitioned the commission to terminate temporary disability, to give to Mazzanti a permanent disability rating and to assess partial responsibility against the Fund under section 5500.5 of the Labor Code. Hearings were held and on June 22, 1953, the commission terminated total temporary disability, found applicant to be totally permanently disabled, assessed the Fund with a portion of the award, made an award in favor of the Veterans Administration and made other related orders. On July 10, 1953, the Fund petitioned for reconsideration. On July 13, 1953, Pacific and Empire likewise petitioned for reconsideration and on August 7, 1953 the commission granted these petitions. On reconsideration the previous orders were substantially affirmed. When, therefore, further petitions for reconsideration were filed, questions arose as to the jurisdiction of the commission to grant them. Under the prevailing practice whereby the record is not filed until after writs are issued, the record of the proceedings before respondent commission was not before this court and this court issued its writs.