ARGONAUT INS. CO. v. INDUSTRIAL ACC. COM.

Docket No. L.A. 26695.

57 Cal.2d 589 (1962)

371 P.2d 281

21 Cal. Rptr. 545

ARGONAUT INSURANCE COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and FRED MONTANA, Respondents.

Supreme Court of California. In Bank.

May 8, 1962.


Attorney(s) appearing for the Case

Herlihy & Herlihy, Robert R. Smith and Ray B. Cumming for Petitioner.

Sedgwick, Detert, Moran & Arnold, Theodore P. Niedermiller, Edmund D. Leonard, Clair W. MacLeod, Lewellyn T. McMahon, L. Richard Bloomer, Charles A. Rummel, Eisner & Titchell, Norman A. Eisner, Hanna & Brophy and Warren L. Hanna as Amici Curiae on behalf of Petitioners.

Everett A. Corten, Edward A. Sarkisian, Richman, Garrett & Ansell and Lewis Garrett for Respondents.

Charles P. Scully and Lowell A. Airola as Amici Curiae on behalf of Respondents.


TRAYNOR, J.

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...

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