Simonton

Simonton v. Industrial Accident Commission

Good Law
119 Cal. App. 15·1931 Cal. App. LEXIS 128·5 P.2d 959
Court of Appeal of CaliforniaDecember 4, 1931Docket No. 7998.California1,109 words

Opinion

Lead Opinion

Bishop, J.

An injured employee is the petitioner in this proceeding, complaining of the respondent Commission’s ruling that he was not entitled to the reasonable expenses incurred for medical, surgical and hospital treatment after June 10, 1930. We are of the opinion that the Commission exceeded its jurisdiction in making the ruling complained of.

On the evening of June 4th, petitioner had both his legs crushed while at work. His employer promptly sent him to the Santa Monica hospital and employed two doctors to treat him. Between the accident and June 10th, two general anaesthetics were administered to petitioner, and twice they set the bones in his legs and set his legs and body' in a cast. Two or three days later, the respondent insurance carrier requested that petitioner be transferred to its hospital in Los Angeles; sending out an ambulance to effect the transfer, next day. Not only his family physician, but the doctors engaged by his employer as well, advised petitioner that it would be dangerous to his health and proper recovery to make the move, and he declined to go. A formal written request was made on him by the carrier, June 10th, that he go or forego all claim on the carrier…

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