Aetna Casualty & Surety Co. v. Workmen's Compensation Appeals Board

Petitioners, Aetna Casualty and Surety Company ("Aetna"), Industrial Indemnity Company (“Industrial”), Pacific Employers Insurance Company (“Pacific”) and Argonaut Insurance Company seek review of an order denying reconsideration, filed by the Workmen’s Compensation Appeals Board (“WCAB”) on January 5, 1973, and annulment of an award issued by the board in favor of applicant, Alvin H. Coltharp, on November 16, 1972.

Applicant commenced workmen’s compensation proceedings by filing five applications for adjudication of claim, all of which alleged that he sustained back, hips and legs injuries arising out of and in the course of his employment. In one of the applications, it was alleged that the applicant suffered a single cumulative injury during the period of his employment, and in the remaining applications it was claimed that applicant suffered separate specific injuries in 1954, in 1966, in March of 1969 and on August 27, 1969. The pertinent substance of each application is more particularly set forth in the margin.

With respect to the alleged specific injury claims, as set forth in case Numbers 70 POM 16985, 70 POM 16986 and 69 POM 15905 and to the incidents alleged…