Nelson v. Industrial Accident Commission

This is an application to review the decision of the Industrial Accident Commission denying the petitioner’s claim for compensation for disability alleged to have been caused by two accidents to his knees arising out of and in the course of his employment by the Yosemite Lumber Company.

The petition alleges: “1. That the commission acted without and in excess of its powers. 2. That the order and decision was unreasonable. 3. That the findings of fact do not support the order, decision and award under review.”

The commission found: “That . . . applicant fell from a pile of lumber while in the course of his employment, but the evidence is insufficient to establish as a fact that the disability complained of was proximately caused by said fall.”

Dr. H. Jalmer Kyleberg, a contract surgeon for the Yosemite Lumber Company, who gave applicant professional treatment for the injuries resulting from the alleged Occidents, was sworn as a witness for the applicant and testified that the alleged disability consisted of abscesses on both knees caused by streptococcus infection; that the accidents alleged were slight and, in the opinion of the witness, were not contributing causes of the…