United States Fidelity & Guaranty Co. v. Industrial Accident Commission

This is an original proceeding by which it is sought through the writ of review to annul an award of the Industrial Accident Commission. On June 9, 1926, Umberto Menegon, while employed as a plasterer by Bcnni Damico at San Francisco, suffered, an injury in the course of his employment consisting of a broken hand, a severe strain of the left lumbar muscles and sacroiliac joint. This accident occurred as he attempted to lift a bucket of mortar while on a roof when he slipped and fell. The insurance carrier was the Ocean Accident and Guarantee Corporation. On February 17, 1927, the Commission made its findings and award wherein it found that Menegon had “sustained a severe strain of the left lumbar muscles” and awarded him for total disability from June 9, 1926, to February 8, 1927, the sum of $705.24. Between four and seven days previous to May 24, 1927, Menegon started to work as a plasterer for P. A. Belanger and on that day, while attempting to lift a bucket of cement handed to him by another employee, he felt a severe pain and “click” in his back which again incapacitated him from working. The petitioner here was the insurance carrier, and in a second proceeding in which the…