Roth

Roth v. Workmen's Compensation Appeals Board

Good Law
1971 Cal. App. LEXIS 1188·20 Cal. App. 3d 452·97 Cal. Rptr. 605·36 Cal. Comp. Cases 604
Court of Appeal of CaliforniaOctober 6, 1971Civ. No. 37861California2,750 words

Opinion

Lead Opinion

Reppy, J.

*454 Opinion

This is a petition for a writ of review of the order of the Workmen’s Compensation Appeals Board denying reconsideration of the dismissal of petitioner’s application.

Petitioner, the applicant below, E. N. Roth (hereinafter, applicant), while serving as a chemical engineer in the employ of defendant E. R. Smith on May 10, 1960, was struck on the head by an iron fork weighing two to three hundred pounds. He was taken to a hospital where severe scalp lacerations were sutured. In 1960-1961, applicant was examined by numerous physicians, including specialists in orthopedics, neurology, surgery, physical medicine, and ophthalmology regarding complaints of pains and/or impairment in almost every part of his body, as well as nausea, vomiting, constipation, and irritability. Reports of these doctors indicated that, in addition to the. scalp lacerations, there had been some musculoligamento- iendinous sprain, but that these actual injuries did not explain applicant’s subjective complaints. Applicant was generally suspicious, hostile and uncooperative with the doctors.

On December 13, 1963, applicant filed his application for workmen’s compensation with the Industrial…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.