Newhall Land & Farming Co. v. Industrial Accident Commission

This matter comes before us upon a petition for a writ of review.

Ysmael Olivera was employed in December, 1919, by New-hall Land & Farming Company at a ranch in San Luis Obispo County. The Continental Casualty Company was the insurance carrier. The parties are subject to the provisions of the Workmen’s Compensation, Insurance and Safety Act of 1917 (Stats. 1917, p. 831), as amended in 1919 (Stats. 1919, p. 910). Olivera was injured in the course of his employment, by being thrown from his horse while trying to overtake a runaway team on the ranch. This accident resulted in an injury designated by the physicians as a right inguinal hernia.

The Industrial Accident Commission found that medical treatment by Dr. Brown was furnished to Olivera by the insurance carrier, which treatment extended from the time of the injury until some time in January, 1920. Olivera testified, as also did Dr. Brown, that a truss was fitted and it was hoped that the injury might be repaired in time without the necessity of an operation. Dr. Brown testified that at first the truss seemed to give good results, but later, during his treatment of Olivera, it became apparent that an operation was necessary…