Colonial Insurance v. Industrial Accident Commission

Petitioner, insurance carrier for the employer, was unsuccessful in its attempt to have respondent, Industrial Accident Commission sustain its defense of the statute of limitation to a claim for workmen’s compensation filed by respondent, Miles E. Nickles.

Nickles suffered a right inguinal hernia in the course of his employment on January 3, 1944. He filed his application for compensation on August 31, 1944. According to applicant’s testimony, he consulted Dr. Hull on January 5, 1944, and was advised that he had the hernia. The following day at the suggestion of Dr. Hull he consulted Dr. Gamble, a doctor for petitioner carrier. The latter examined him. Later on he was examined by Drs. Gillis, (and Dr. Gillis’ brother) Townsend, and Watson. In the medical report of Dr. Gamble it is stated *439 that Nickles first consulted him on January 6, 1944, and “Injection treatment versus surgery was discussed. This case to me seemed to be an injectable type so the patient was ordered to purchase a truss and return later for injections. However the insurance carrier intervened and withdrew the patient from my professional care.” (Emphasis added.) Dr. Gillis’ report, dated January 20,1944,…

As the record affirmatively shows that, within six months prior to the filing of his claim, the insurance *Page 443 carrier furnished the applicant with medical care, I concur in the judgment affirming the award of compensation. Such care constitutes "payment of any compensation, or agreement therefor" within the meaning of section 5405 of the Labor Code. ( United States F. G. Co. v. Industrial Acc. Com., 195 Cal. 577 [ 234 P. 369 ]; Colonial Ins. Co. v. Industrial Acc. Com., 60 Cal.App.2d 9 [ 140 P.2d 442 ]; Bige v. Industrial Acc. Com., 105 Cal.App. 210 [ 287 P. 577 ].)