Hardware Mutual Casualty Co. v. Workmen's Compensation Appeals Board

The employer challenges a workmen’s compensation award for temporary partial disability at the rate of $70 per week from March 30, 1966, through June 1, 1966.

Key findings of the referee were: (a) that Hargrove, the claimant, was employed as a mechanic by John Geer Chevrolet Company when on February 25, 1966, he sustained an injury in the course of his employment; (b) that the injury caused temporary partial disability beginning March 30, 1966, to and including June 1, 1966 “during which time work which the applicant could perform was not available to him.” The referee directed deferment of the question of permanent disability. The Workmen’s Compensation Appeals Board denied reconsideration.

Hargrove, an automobile mechanic, had been working for the Geer firm continuously since 1957, except for several months of employment with another firm in 1965. While working for the other firm he incurred a back injury, for which he was compensated. After his return to John Geer the foreman favored him with lighter work because of his back condition. *64 ;Hargroye was pushing a car on February 25, 3966, when he slipped in an oil slick and fell. Although in pain, he continued working after…