Pacific Employers Ins. Group v. Workmen's Comp. App. Bd.

Good Law
1966 Cal. App. LEXIS 940·247 Cal. App. 2d 102·55 Cal. Rptr. 176·31 Cal. Comp. Cases 409
Court of Appeal of CaliforniaDecember 8, 1966Civ. 11427California1,974 words

Opinion

Opinion

Regan, J.

Applicant, P. L. Farris, applied for workmen’s compensation benefits alleging an injury arising out of and in the course of his employment as an employee of Heron Mills, Inc. The Workmen’s Compensation Appeals Board in its “Findings and Ward” found: Farris had sustained an industrial injury to his back arising out of his employment by Heron Mills, Inc., causing a total, temporary disability and, in addition, a permanent disability of 26% percent; and that the injury is not subject to apportionment.

Pacific Employers, having been denied reconsideration, seeks by this writ of review a determination of whether the findings and order awarding disability indemnity to Parris and denying apportionment were proper.

Parris, an employee in the lumber industry for 25 years working at jobs requiring the rolling and turning of boards, was on May 3, 1965, performing such work for Heron Mills, Inc., when he experienced pain in the lower back. Parris, who was employed by Heron Mills, Inc., since September 18, 1963, stated he had no previous back trouble; that no unusual incident had occurred on the job to cause an injury; that the pain persisted and on May 11, 1965, he consulted Thomas R.…

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