Hodge

Hodge v. Workers' Compensation Appeals Board

Good Law

123 Cal. App. 3d 501·176 Cal. Rptr. 675·1981 Cal. App. LEXIS 2074·46 Cal. Comp. Cases 1034

Court of Appeal of CaliforniaSeptember 4, 1981Docket Nos. 25004, 25029California5,267 words

Opinion

We issued writs of review in each of these matters to determine if the Workers’ Compensation Appeals Board (hereafter Board) acted in excess of its powers. (Lab. Code, § 5952, subd. (a).) Each petitioner contests certain aspects of the Board’s “Opinion and Order Denying Reconsideration” entered in the case of Hodge v. Lockheed Aircraft, WCAB No. 72 POM 26316. Because the issues are related, this court sua sponte ordered consolidation.

The Facts

James Hodge (hereafter employee) sustained severe back injuries in January 1972 while employed at Lockheed Aircraft Service. He fell approximately three feet when a floorboard he was standing on collapsed. Lockheed was insured for workers’ compensation liability by Employers Mutual Liability Insurance Company of Wisconsin (hereafter employer).

The employee filed an application for workers’ compensation benefits in August 1972. At that time, he was experiencing pain, but resisted surgery. He finally submitted to surgery (exploratory laminotomy and attempted posterolateral fusion) in January 1974, two years after the accident.

Upon release from the hospital, the employee was transported to his residence by Goodhew Ambulance…

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