Lockheed Aircraft Corp. v. Industrial Accident Commission

Good Law
183 Cal. App. 2d 361·1960 Cal. App. LEXIS 1759·6 Cal. Rptr. 409
Court of Appeal of CaliforniaJuly 29, 1960Civ. No. 24685California1,882 words

Opinion

Lead Opinion

Kincaid, J.

Pacific Indemnity Company, a compensation carrier for the employer herein (Lockheed Aircraft Corporation), by writ of review, seeks the annulment of an award for permanent disability indemnity and for lifetime medical treatment made by the Industrial Accident *362 Commission more than five years after the date of the injury.

We previously ordered that writ of review issue on the ground that the carrier’s petition therefor seemed to raise a substantial question as to the power and jurisdiction of the respondent commission to have made such award more than five years after the date of injury.

Upon review of the certified transcript of the proceedings of the commission filed pursuant to the writ of review and after hearing the oral arguments, we are now of opinion, for the reasons hereinafter stated, that the commission had jurisdiction to make the award and that the award should be affirmed.

On January 9, 1951, Paul Vacho sustained injury to his back arising out of and in the course of his employment. On February 14, 1951, he filed an application for compensation benefits with the Industrial Accident Commission. His application raised issue inter alia as to the “Nature, extent…

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