Fireman's Fund Indemnity Co. v. Industrial Accident Commission

Petitioners by writ of review attack an order made by respondent commission granting to respondent Gomez a permanent disability rating, additional temporary disability benefits, and further medical treatment. 1 The hearing before the referee which resulted in this order was held on April 16,1963.

On April 9, 1963, the attorney for Gomez had him examined by a Dr. Citret. This doctor had never seen Gomez before. Petitioners received a copy of his report on April 11, 1963. In it he recommended a spinal fusion operation.

Only Gomez and an investigator employed by petitioners testified at the hearing. Dr. Citret’s report was admitted in evidence, he not being present. At the conclusion of the hearing, petitioners requested a continuance for the purpose of cross-examining Dr. Citret on his report. The referee denied the request and ordered that the matter stand submitted. The sole issue on appeal is whether this denial was error.

In Massachusetts Bonding & Insurance Co. v. Industrial Acc. Com., 74 Cal.App.2d 911 [ 170 P.2d 36 ], Mr. Justice Dooling writing the opinion, it was held to be a denial of due process to deprive the compensation insurance carrier of the opportunity to…