Draney

Draney v. Industrial Accident Commission

Good Law
1949 Cal. App. LEXIS 1085·95 Cal. App. 2d 64·212 P.2d 49
Court of Appeal of CaliforniaDecember 12, 1949Civ. 7727California1,156 words

Opinion

Opinion

Adams, J.

This is a petition for review of a portion of a decision by respondent Industrial Accident Commission in which petitioner was found to have suffered an industrial injury, and awarded compensation, but was denied any allowance for self-incurred medical expenses. He here contends that such expenses should have been allowed.

At the time of the injury Draney was employed by W. L. English, as a general laborer, and was, on the 30th day of August, 1948, engaged in loading rocks into a truck. About 11 a.m. he suffered pain in his back, but continued working that day; and he continued in English’s employ, doing lighter work, until September 10th, though his pain grew steadily worse. On September 5th, he went to the Tahoe Medical Center to which his employer’s employees had been instructed to report in case of injury, and Dr. Weyand, English’s insurance carrier’s physician taped his back, advised him to use bed boards, and to limit his activity. On September 6th Dr. Weyand made a report of Draney’s injury to the Industrial Indemnity Company, in which he stated: “This clinic is closing and patient has been instructed to report to another M.D. in one week.’’ He also reported that further…

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