applicant sustained an injury to his back for the period of employment from Januto August 27, 1969. In an "Opinion on Decision" that was filed in case Number 7, the referee stated, in pertinent part, as follows: ". Notwithstanding the take-nothing and dismissal orders arising out of the cases involving specific injury claims, the referee issued an award in applicant's favor in case Number 7, relating to his repetitive trauma claim. The remaining specific injury claim, designated as case Number 4 and relating to the injury which was alleged to have occurred in 1954, was ordered dismissed without prejudice on March 14, 1972. With respect to the alleged specific injury claims, as set forth in case Numbers 5, 6 and 5 and relating to the incidents alleged to have occurred in 1966, in March of 1969 and on August 27, 1969, respectively, the WCAB ordered that the applicant take nothing upon the ground that he "did not sustain an injury arising out of and occurring in the course of his employment" on any of such dates. The pertinent substance of each application is more particularly set forth in the margin. In one of the applications, it was alleged that the applicant suffered a single cumulative injury during the period of his employment, and in the remaining applications it was claimed that applicant suffered separate specific injuries in 1954, in 1966, in March of 1969 and on August 27, 1969. Īpplicant commenced workmen's compensation proceedings by filing five applications for adjudication of claim, all of which alleged that he sustained back, hips and legs injuries arising out of and in the course of his employment. Petitioners, Aetna Casualty and Surety Company ("Aetna"), Industrial Indemnity Company ("Industrial"), Pacific Employers Insurance Company ("Pacific") and Argonaut Insurance Company ("Argonaut"), seek review of an order denying reconsideration, filed by the Workmen's Compensation Appeals Board ("WCAB") on January 5, 1973, and annulment of an award issued by the board in favor of applicant, Alvin H. Clair, Thompson, Talbott & Lemaster, George D. Anderson, Mansell & Giddens and Zonni, Ginocchio & Taylor for Petitioners.įranklin O. WORKMEN'S COMPENSATION APPEALS BOARD, ALVIN H. AETNA CASUALTY AND SURETY COMPANY et al., Petitioners, v.
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