Burns

Burns v. Workmen's Compensation Appeals Board

Good Law
1969 Cal. App. LEXIS 1436·2 Cal. App. 3d 539·82 Cal. Rptr. 678·34 Cal. Comp. Cases 635
Court of Appeal of CaliforniaDecember 11, 1969Civ. 12312California2,084 words

Opinion

Opinion

Janes, J.

Petitioner, an industrially injured employee, seeks review and annulment of a workmen’s compensation award and an order of the Workmen’s Compensation Appeals Board (hereinafter, the “board”) denying reconsideration insofar as the award and order fail to allow petitioner temporary total disability compensation for the first two days of disability prior to his hospitalization.

On December 12, 1968, near the remote mountain community of Happy Camp, California, petitioner sustained an injury arising out of and occurring in the course of his employment as a construction iron worker by respondent United States Steel Corporation. Because of the injury, he left' work that day. Medically required X-ray and hospital facilities were not available in Happy Camp. Accordingly, the treating physician in that town recommended hospitalization elsewhere. After a trip by ambulance, petitioner was hospitalized.in Sacramento on December 15, 1968.

The workmen’s compensation referee found that petitioner’s injury caused temporary total disability commencing December 13, but awarded temporary disability compensation only from December 15, the first day of hospitalization, through January 15,…

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