74 Cal. App. 2d 324 | Cal. Ct. App. | 1946
Sufficient facts are set forth in the petition for a writ of review to enable the court to determine the only issue involved in this proceeding without the necessity of the filing of a return by respondents.
An employee of petitioners, Furness Pacific, Ltd., was injured on June 11, 1940. He filed his application for adjustment of his claim and on April 2,1941, respondent commission entered its findings and award determining that the employee had suffered a temporary total disability. Thereafter further proceedings were had and additional orders were made by the commission which are not under review. On June 24, 1944, the employee filed his petition reciting that after the date of the last order of the commission he had become totally incapacitated and asked that he be allowed total disability rating and allowance. On January 11, 1945, a recommended permanent disability rating of 37% per cent was made and the commission served notice that unless good cause were shown, to the contrary the case would stand submitted seven days thereafter. The applicant objected to the report and requested a further hearing which was had on March 14, 1945. Petitioners then objected to further proceedings and to the taking of further evidence on the ground that the period of 245 weeks from the date of injury having expired on February 25, 1945, the jurisdiction of the commission had terminated. The commission disregarded the objections and on July 19, 1945, entered its order amending the previous findings and award and granting the applicant a permanent disability rating of 100 per cent.
The only question involved is whether the jurisdiction of the commission to make the award complained of expired
In the instant proceeding the commission did not alter or amend its former award (Lab. Code, § 5804) but made a new award for a disability for which compensation had not been previously allowed. Section 5410 of the Labor Code is the applicable provision and section 5404 is not.
The award is affirmed.
Moore, P. J., and McComb, J., concurred.
Petitioner’s application for a hearing by the Supreme Court was denied June 27, 1946.