Horn

Horn v. Industrial Accident Commission

Good Law
128 Cal. App. 2d 837·1954 Cal. App. LEXIS 1547·276 P.2d 673
Court of Appeal of CaliforniaNovember 18, 1954Civ. 8661California3,742 words

Opinion

Opinion

Van Dyke, J.

Petitioner Horn filed an application for adjustment of claim before the respondent commission. His application, made upon a form supplied by the commission, alleged that, while employed as a city fireman on September 12, 1953, by the city of Stockton, he sustained injuries arising out of and in the course of his employment, as follows: “Had pain in Chest Wall while working, resulting in Myocardial Infarction.” The evidence showed that petitioner was employed as a city fireman beginning May 25, 1924. He had worked as a hoseman, as a driver of the fire chief’s ear, and in the fire alarm office where he received alarms and participated in sending out the indicated men and equipment. In November, 1940, he suffered a heart attack and was absent from work for about 60 days. On his return he was assigned to what was apparently the lighter duty of driving and caring for the fire chief’s car. On September 17, 1953, he left work, and reported to the emergency hospital. He was examined by Dr. John T. McNally and told to go back to work. On September 28th he was examined by Dr. Virgil Gianelli, whose report was introduced in evidence. Substantially it was as follows: Petitioner complained of…

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