Hazelwerdt

Plaintiff has appealed from a judgment for defendant upon the sustaining of a demurrer to the second amended complaint without leave to amend.

On January 2, 1945, plaintiff sustained an injury arising out of and occurring in the course of his employment by Sylva and Hill - Construction Company. Defendant is the insurance carrier for that concern. In November, 1950, the Industrial Accident Commission found that plaintiff’s injury-had resulted in a permanent disability of 100 per cent and ordered that defendant furnish to plaintiff “medical, surgical and hospital treatment as may reasonably be needed during the remainder of his life to cure and relieve [him] from the effects” of his injury. Subsequently, the commission has made supplemental orders directing defendant to provide specific treatment for plaintiff, finding that defendant was not required to pay certain bills incurred by plaintiff as self-procured medical expenses, and holding that plaintiff did not need a certain type of treatment. The defendant was ordered to furnish plaintiff with certain psychiatric treatment in June, 1951; these orders are still in effect.

In the present action plaintiff seeks damages from…