Verdugo v. Industrial Commission

In 1963, petitioner suffered an industrially-related back injury for which compensation was awarded, the award subsequently becoming final. His back continued to cause him trouble resulting in numerous accident reports being filed by his employer, Kennecott Copper Corporation. On October 11, 1968, while modifying some Molley Feed Pumps, petitioner again allegedly hurt his back resulting in his filing a petition on November 8, 1968, with The Industrial Commission to reopen his 1963 claim. Also, on November 25, 1968, petitioner filed a new claim alleging a new injury arising out of the October 11, 1968, episode. Both the petition to reopen and the new claim were supported by a letter from his doctor which stated that the doctor was unable to support or discount the allegation that petitioners present complaints were related to the old injury and that the petitioner gave no history of a new acute injury. Having no other evidence before it, the Commission on February 27, 1969, entered its findings and award finding the October, 1968, injury to be a non-compensable claim and denying reopening of the 1963 claim.