California Casualty Indemnity Exchange v. Industrial Accident Commission

A hearing was granted in this cause after decision by the District Court of Appeal of the Second Appellate District, Division Two, in order that this court might more thoroughly examine into the questions presented for determination. Further consideration thereof has satisfied us as to the correctness of the opinion prepared by Mr. Justice Wood when the matter was before the District Court of Appeal. Therefore, with such additional comment as shall be appended thereto, we hereby adopt said opinion as and for the opinion of this court. It reads:

" The sole question presented to us for consideration is whether or not eye-glasses are artificial members within the meaning of the Workmen’s Compensation Act. Section 3208 of the Labor Code (formerly sec. 3 (4) of the Workmen’s Compensation Act), provides: ‘Injury includes any injury or disease arising out of the employment, including injuries to artificial members.’ (Italics ours.)

“It becomes necessary for us to determine what the legislature meant when it used the term ‘artificial members’ in that section. ‘Member’ is defined in Webster’s New International Dictionary as being: ‘A part or organ of the animal body; especially a limb or…