Pacific Indemnity Co. v. Industrial Accident Commission

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…