City of Los Angeles v. Industrial Accident Commission

William A. Clark, respondent, an employee of the City of Los Angeles, in support of his application for benefits under the workmen’s compensation laws, filed with the respondent, Industrial Accident Commission, a medical report of examination made by respondent, Dr. Robert A. Roback. The report was accompanied by a bill in the amount of $95 and claim for lien in behalf of Dr. Roback against any award in favor of respondent Clark. The charges were for X-rays, examination and report and are not contested by Clark or the city. At the hearing before the Industrial Aeei *312 dent Commission on August 6, 1962, Dr. Robaek was subpoenaed by and did appear and testify for the petitioner, the City of Los Angeles. He spent the entire afternoon in connection therewith. He was paid $4.00 as a witness fee and a further sum as a mileage allowance of 15 cents per mile, one way, to the place of hearing. (Lab. Code, § 131.) 1 At the hearing Dr. Robaek testified that he had received less than $10 at the time he was subpoenaed and that he expected to make a charge of $100 for appearing at the hearing. The referee found, inter alia, that the applicant actually, reasonably, and necessarily incurred…