Brotherton

Petitioner-applicant seeks" annulment of a decision after reconsideration by the Workmen’s Compensation Appeals Board which denied his claim for reimbursement for the expenses of self-procured medical, hospital, and surgical care.

It is our conclusion that upon the facts established by the record the petitioner is entitled to reimbursement under the principles of law enunciated by the Supreme Court in McCoy v. Industrial Acc. Com., 64 Cal.2d 82 [ 48 Cal.Rptr. 858 , 410 P.2d 362 ].

Facts

Petitioner sustained a back injury arising out of and occurring in the course of his employment as a gardener on August 8, 1962. On July 29, 1963, an award issued for permanent *453 disability indemnity based on a rating of 6% percent. On December 2, 1964, a petition to reopen, filed November 29, 1963, was granted and a supplemental award issued for reimbursement of expenses for self-procured medical treatment, the amount to be adjusted by the parties with the board reserving jurisdiction to determine it in the event the parties were unable to adjust the- matter, and for additional permanent disability indemnity based on a finding that permanent disability had increased to 13% percent.

On…