The opinion
CARTER, J.
I dissent.
It is my opinion that this case was incorrectly decided when on a prior occasion it was before the District Court of Appeal (Goodwill Industries v. Industrial Acc. Com., 114 Cal.App.2d 452 [ 250 P.2d 627 ]). I voted for a hearing when a petition for hearing.was presented to this court after that decision. There the award of the commission of permanent total disability against the employer alone was annulled on the ground there was not sufficient evidence to show that the total disability was caused by the industrial injury; that on the contrary it was caused in part by a prior tubercular condition suffered by Mrs. Harris, the employee. Contrary to that holding the evidence supported the award because it showed the disease had become quiescent—was no longer disabling. The subsequent industrial injury caused it to become active again and it was that activity and its treatment which caused the total permanent disability. There is therefore no occasion for apportioning the payable compensation between the employer and the Fund. (Colonial Ins. Co. v. Industrial Acc. Com., 29 Cal.2d 79 [ 172 P.2d 884 ].)
I would therefore affirm the award.