Southern Counties Gas Co. v. Industrial Accident Commission

Petitioner, employer-insurer, seeks review and annulment of commission’s findings and award affirming a prior findings and award in favor of respondent Schotts, its employee.

The commission found that the employee suffered injury to his back on March 28, 1958, which injury arose out of and occurred in the course of his employment by petitioner. The commission further found that the employee suffered injury resulting in permanent disability rated at 11% per cent of total, entitling the employee to $1,880 in compensation.

Upon petition for reconsideration being filed the commission, inter alia, found that the injury sustained by the employee on March 28,1958, was to his back and was industrial in origin. The injury occurred when applicant was in the attic of a home doing work on a gas appliance. He raised up and struck his back against a beam in the attic. The injury was sufficient to cause immediate symptoms of pain. An indentation in his back remained for some time and finally went away. The beam struck the bone of his back at a point three to four inches above the belt line but the pain went down his back and finally centered at a point three to four inches below his belt line.…

I am unable to concur. To my mind the controlling question is one of cause and effect, “where the truth is occult and can be found only by resorting to the sciences.” (Employers’ etc. Corp. v. Industrial Acc. Com., 42 Cal.App.2d 669, 671 [ 109 P.2d 716 ].) No expert witness expressed the opinion that respondent’s present condition is the outgrowth of his industrial injury and I think the absence of such proof is fatal to the award.

An application for a rehearing was denied July 18, 1960. Ashburn, J., was of the opinion that the application should be granted. Petitioner’s application for a hearing by the Supreme Court was denied August 17, 1960. McComb, J., was of the opinion that the application should be granted.