Southern Counties Gas Co. v. Industrial Accident Commission

KINCAID, J. pro tem.* Petitioner, employer-insurer, seeks review and annulment of commission’s findings and award affirming a prior findings and award in favor of respondent Schotts, its employee.

The commission found that the employee suffered injury to his back on March 28, 1958, which injury arose out of and occurred in the course of his employment by petitioner. The commission further found that the employee suffered injury resulting in permanent disability rated at 11% per cent of total, entitling the employee to $1,880 in compensation.

Upon petition for reconsideration being filed the commission, inter alia, found that the injury sustained by the employee on March 28,1958, was to his back and was industrial in origin. The injury occurred when applicant was in the attic of a home doing work on a gas appliance. He raised up and struck his back against a beam in the attic. The injury was sufficient to cause immediate symptoms of pain. An indentation in his back remained for some time and finally went away. The beam struck the bone of his back at a point three to four inches above the belt line but the pain went down his back and finally centered at a point three to four inches below his belt line. The commission thereupon granted reconsideration on the [158]written assumption that petitioner would authorize the expense of an independent medical examiner in the field of neurosurgery with authority for necessary tests and X-rays.

On January 22, 1960, the commission filed its further finding that, the reconsideration having been granted to permit petitioner to authorize the employment of additional medical examiner in the field of neurosurgery in order to possibly clarify the conflict in the medical record and petitioner having responded that it refused to authorize this additional expense, the commission proceeded to reread the medical reports and to review the merits of the present record. The commission thereupon made its finding that a preponderance of evidence, including the medical evidence, substantiates the original award of the trial referee and the findings and award theretofore made were affirmed.

Petitioner contends that the medical evidence in the record fails to show a relationship between the alleged disability and the injury and the award is based upon speculation. The sole question presented for our consideration is whether the findings and award are supported by substantial evidence.