(Download) "Argonaut Insurance Co. V. Industrial Accident Commission And Fred Montana" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Argonaut Insurance Co. V. Industrial Accident Commission And Fred Montana
- Author : Supreme Court Of California
- Release Date : January 08, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
On June 20, 1960, Fred Montana injured his back lifting a heavy steel blade onto a truck. A coworker holding one end of the blade dropped it without warning, and Montana, suddenly holding almost the entire load, "felt something tight in . . . [his back]." The injury, an acute lumbosacral strain, resulted in temporary total disability and partial permanent disability. Petitioner paid Montana temporary compensation of $928.57 at the rate of $65 a week before the Industrial Accident Commission made its award. The referee determined that 75 per cent of the disability should be apportioned to a preexisting back condition, that Montana's earning capacity was less than minimum for compensation purposes, and that the award should therefore be based on average weekly earnings of $20 a week. Computed at this rate, Montana would be entitled to $285.72 as temporary compensation and $440 for permanent disability. Under this computation the insurance carrier had overpaid Montana $243.57. The commission held, however, that the evidence did not require apportionment of the disability under Labor Code section 4663 and that Montana's "earning capacity was maximum under Section 4453(d) of the Labor Code." Accordingly, the commission awarded him $4,620 as permanent indemnity and approved the temporary compensation paid.
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