139 Cal. App. 414 | Cal. Ct. App. | 1934
On August 1, 1933, the respondent employee received in the course of employment an injury diagnosed and found by respondent commission as a direct inguinal hernia, consisting of an aggravation of a pre-existing disease into a disabling condition, for whieh he was awarded surgical, medical and hospital treatment. Petitioner seeks annulment of such award, contending that the commission acted in excess of its authority in that the award was unreasonable, since there had been an award in 1929 for the same condition between the same parties.
It is insisted that the applicant did not sustain in 1933 an injury contemplated by subsection 4, section 3, of the Workmen’s Compensation Act. It is undenied that on the latter date the employee while walking down stairs fell and received injury as stated above. He testified also and consented to the introduction of a record which showed that in 1929 he had suffered an identical fall and injury accompanied by the same symptoms, for which the commission made an award of the same treatment. It further appeared that he had been given like treatment some years previously to 1929 and had been cured of a hernia, but that on the occasion of his second injury he recovered and “seemed to be all right” without treatment and did not avail himself of said award. The accident in 1933 resulted in a hernia at “about the same place, but about three times larger”. The section of the statute invoked by petitioner provides that in case of aggravation of any disease existing prior to
The award is affirmed.