Messner v. Industrial Accident Commission

This is a second petition for review in this same case. This court’s review of the first petition (Messner v. Industrial Acc. Com., 4 Civil No. 7119, filed July 6, 1962) was concerned entirely with the issue of whether or not a noise-induced hearing loss was an “occupational disease” (Lab. Code, § 5412), or whether it was caused by a continuing trauma (Lab. Code, § 5411), and which statute of limitations applied.

Section 5412 of the Labor Code provides: 1 ‘ The date of injury in eases of occupational diseases is that date upon which the employee first suffered disability therefrom and either…