California Union Insurance v. Industrial Accident Commission

Petitioners, an employer and its compensation carrier, by writ of review, seek annulment of the orders and decision on reconsideration of the Industrial Accident Commission allowing reimbursement to an injured employee for costs of certain self-procured surgical and hospital treatment.

We previously ordered that writ of review issue on the ground that the employer’s and carrier’s petition therefor seemed to raise substantial questions as to whether the employer, under the circumstances here presented, was legally liable for the reasonable expense incurred by the employee for said self-procured surgical and hospital treatment.

Upon review of the certified transcript of the proceedings of the commission filed pursuant to the writ of review and after hearing the oral arguments, we are now of opinion, for the reasons hereinafter stated, that the commission’s orders and decision imposing liability on the employer and carrier for the reasonable expense of the employee’s self-procured surgical and hospital treatment were proper, and that the award therefor should be affirmed.

In the original findings and award issued herein on June 9, 1959, the commission’s referee found inter alia…