Tanenbaum v. Industrial Accident Commission

The petitioning employee, a woman fifty-four years of age, was injured in the course and scope of her employment as a grocery clerk when, upon being accidentally run against by another employee, she was precipitated backward, striking the tip of her right shoulder against the corner of a fruitstand. That the injury arose out of the employment is not questioned. Following hearings upon the application for adjustment of claim, the commission determined that petitioner was entitled to a permanent disability rating of 32 3/4 per cent. Subsequently, and upon petition of the employers insurance carrier, the commission found that "said permanent disability was partly caused by preexisting dormant disease and partly by said injury" and apportioned the same on the basis of 33 1/3 per cent to preexisting disease (arthritis) and 66 2/3 per cent to the industrial injury. Section 3 (4) of the Workmens Compensation Act authorizes such apportionment. It provides that "the term injury, as used in this act, shall include any injury or disease arising out of the employment including injuries to artificial members. In case of aggravation of any disease existing prior to such injury, compensation shall be allowed only for such proportion of the