Pacific Indemnity Co. v. Industrial Accident Commission and C. J. Rotondo - Supreme Court Of California

Pacific Indemnity Co. v. Industrial Accident Commission and C. J. Rotondo

By Supreme Court Of California

  • Release Date - Published: 1950-02-17
  • Book Genre: Law
  • Author: Supreme Court Of California
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Pacific Indemnity Co. v. Industrial Accident Commission and C. J. Rotondo Supreme Court Of California read online review & book description:

[34 Cal2d Page 727] This is a review of an award of workmen's compensation to C. J. Rotondo based upon the finding that he suffered a disability consisting of aggravation of preexisting pulmonary tuberculosis. Petitioner asserts (1) that the evidence does not support the finding that the disability arose out of and occurred in the course of Rotondo's employment, and (2) that the claim was barred by the statute of limitation. (Lab. Code, ? 5405, application must be filed within six months after injury.) In 1941, Rotondo was employed by Cal-Aero Academy, as a flight instructor. The employer was training pilots for the Army Air Corps. In 1942, Rotondo, while flying, developed symptoms of pulmonary tuberculosis, consisting of a hemorrhage. He was advised by his employer that his disability was not compensable. He was then treated in a hospital for about four months, followed by resting at home. In January, 1943, the employer requested him to return to work with the assurance that he would be assigned to radio communication duty in the control tower -- light inside work. He was cleared by his physician for such work, but after two weeks in that capacity, the employer assigned him to flight instructor duties. A physician's report in May, 1943, showed the preexisting disease to be arrested. As flight instructor, Rotondo was in the air six days a week, working from four to nine hours a day and sometimes longer. In this work he was subjected to the resultant changes in barometric pressure and temperature. Most of those flying suffered from colds more or less continuously from the temperature changes. In February of 1944, while ""rocking"" the wing of an aircraft (a process by which the wing is manually lifted up and down to assist in freeing a wheel bogged in the sand), he felt ""catches"" in his chest and later expectorated blood.

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