Transport Indemnity Co. v. Industrial Accident Commission

The employer's insurance carrier claims the evidence does not support the respondent commission’s finding that the employee’s injury resulted in temporary total disability. The

The employee, a truck driver, sustained an injury to Ms lower back on May 10, 1956, when attempting to lift the tailgate of his truck preparatory to picking up a load of gravel. He had been hauling sacks of cement with the tailgate down.

He received compensation and medical treatment until November, in December, 1956, applied to the commission for adjustment of his claim. At the hearing in March, 1957, he testified that he had not returned to work yet. He was put first into a cast, then into a truss belt for a while and then into a chairbaek brace which he was still wearing pursuant to Dr. Jaskiewicz’s instructions. The doctor told him he could return to light duty, that he could drive a truck. He went went and drove with a friend of his three or four times (the last time was in December) but each time he rode on the truck he would get a backache and quite a bit of discomfort. After two to three hours he would have to get out of the truck in order to get comfort.

He had béen trying to locate other jobs…