[Download] "Subsequent Injuries Fund V. Industrial Accident Commission And Mary M. Harris" by Supreme Court Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Subsequent Injuries Fund V. Industrial Accident Commission And Mary M. Harris
- Author : Supreme Court Of California
- Release Date : January 27, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
This controversy concerns the apportionment of liability between an employer and the Subsequent Injuries Fund. (Lab. Code, §§ 4750-4755.) The employe, Mrs. Harris, before her industrial injury had a permanent partial disability consisting of impairment of the motion of the spine, the result of tuberculosis of the spine which had become quiescent. The industrial injury from a fall, said to be "negligible" in itself, caused aggravation of the previously quiescent disease and, following various courses of treatment including surgery, a complete paralysis of both legs and of the body up to the waist, developed. An original award of 100 per cent permanent disability against the employer was annulled by the District Court of Appeal (Goodwill Industries v. Industrial Acc. Com. (1952), 114 Cal. App. 2d 452, 459-460 [250 P.2d 627]) on the ground that "at the time of the [industrial] accident . . . Mrs. Harris had a partial permanent disability and impaired capacity to work resulting from a previous nonindustrial disease," and that the employer was entitled