Mihesuah

Petitioner seeks review of Workmen’s Compensation Appeals Board opinion and order after reconsideration (February 1, 1972). The opinion and order after reconsideration affirmed and adopted the referee’s finding that the applicant’s cause of action was barred by the statute of limitations. In view of the fact that the referee and the board found that the petitioner’s claim was barred by the statute of limitations, they did not rule on whether the applicant had sustained an injury arising out of and in the course of his employment.

Petitioner has had a sixth grade education. At the time of his injury on April 29, 1969, he was 46 years of age and was working as a maintenance mechanic for Union Oil Company. On April 29, 1969, petitioner drove his • own truck to work in San Francisco from his home in the East Bay area. At the end of the day, however, he drove from work in a Union Oil Company truck. Petitioner took the company truck, with permission, because he had to stop the following morning to pick up some parts for work. While on his way home, petitioner was involved in a serious collision and was badly injured.

Union Oil Company treated the injury as a nonindustrial…