O'Neill

O'Neill v. Industrial Accident Commission

Good Law
1928 Cal. App. LEXIS 1017·91 Cal. App. 121·266 P. 866
Court of Appeal of CaliforniaApril 18, 1928Docket No. 3491.California2,228 words

Opinion

Lead Opinion

Plummer, J.

Upon the application of the petitioner this court heretofore issued its order directing the respondent Industrial Accident Commission to certify to this court a transcript of the record of the proceedings had before said body wherein it was found that the petitioner was not entitled to he reimbursed for his reasonable medical and hospital treatment after the twenty-third day of September, 1927, and further found that on said date the petitioner unreasonably refused medical treatment tendered him by the insurance carrier, and further finding that the failure of the employee to submit to hospitalization and medical care in San Francisco and his insistence upon the chiropractic treatments is unreasonable, and the insurance carrier is not liable for such portion of disability or death caused, continued or aggravated by such refusal of medical treatment, and thereupon limiting the award to the petitioner herein to the sum of $16.67 a week beginning as of September 11, 1927, as disability indemnity.

The record shows that the petitioner, prior to and on the third day of September, 1927, was a laborer employed by Charles H. Gildersleeve of Mendocino County near the town of Covelo. That…

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