McCoy

McCoy v. Industrial Accident Commission

Good Law
1966 Cal. LEXIS 236·48 Cal. Rptr. 858·64 Cal. 2d 82·410 P.2d 362·31 Cal. Comp. Cases 93
Supreme Court of CaliforniaFebruary 3, 1966L. A. No. 28659California3,365 words

Opinion

lead Opinion

Mosk, J.

Petitioner, Janet McCoy, sustained an industrial injury to her back, neck, right hip, and right arm on June 8, 1962. Defendants, her employer and its insurance carrier, provided her with medical treatment after the accident but on November 8, 1963, they informed her that on the advice of a physician who had examined her a few days previously, no further medical treatment would be furnished.

*84 Petitioner continued to complain of pain and other distress and in March 1964 she consulted a doctor of her own choosing, who diagnosed her condition as a possible ruptured disc. On March 16 he performed an operation which revealed his diagnosis to be correct, and he removed the disc. Prior to that date petitioner did not inform defendants of the diagnosis or of the imminent surgery. The commission refused to allow reimbursement for the cost of the surgery on the ground that defendants were not given reasonable notice and an opportunity to furnish treatment. Petitioner here seeks review of this determination, asserting that she is entitled to reimbursement under the provisions of section 4600 of the Labor Code.

Section 4600 provides in part: “Medical, surgical, and hospital treatment . .…

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