Royal Indemnity Co. v. Industrial Accident Commission

The only substantial question raised in these proceedings to review an award of the Industrial Accident Commission in favor of applicant is whether the provisions of subdivisions (b) and (c) of Labor Code section 5405 apply to bar the application. We hold that in unambiguous language they do. This is a case of first impression under the workmen’s compensation provisions of the Labor Code but indistinguishable language of the original law (except for the time limits involved) has been interpreted by the California Supreme Court (Henry Cowell Lime & Cement Co. v. Industrial Acc. Com., 211 Cal. 154, 162 [ 294 P. 703 , 72 A.L.R. 1118 ]; Associated Oil Co. v. Industrial Acc. Com., 214 Cal. 358, 360 [ 5 P.2d 420 ]; Armstrong v. Industrial Acc. Com., 219 Cal. 673, 675, 676 [ 28 P.2d 672 ]), as we interpret section 5405, subdivisions (b) and (c), here in relation to section 5410.

On March 13, 1962, Lon Larkin Clutter, an employee of Myron A. Harris, suffered a back injury compensable under California’s workmen’s compensation law (Lab. Code, §3201 et seq.) in a vehicle accident. The employer’s immediate reaction to the accident was to fire Clutter and refuse him access to the ranch.…