Consolidated Steel Corp. v. Industrial Accident Commission

[369]

THOMPSON, J.

The petitioner, Consolidated Steel Corporation, Ltd., which is self-insured under the Workmen’s Compensation Act, initiated this proceeding in review to obtain an annulment of an award of the respondent commission imposing upon petitioner liability for further medical treatment of the applicant, Ray Roldan.

Roldan received injuries in the course of and arising out of his employment on September 4, 1930, among them an injury to his left little finger. He received medical and surgical treatment and was paid compensation until February 12, 1931, having returned to work some time in January of that year. On August 29, 1934, Roldan filed an application for adjustment of his claim for further medical attention and treatment.

The petitioner contends the claim is barred by section 11 of the act, not having been commenced within six months of the injury or of the last payment of compensation or benefits. The commission found Roldan was entitled to further treatment and to compensation during the periods of disability caused by or resulting from the treatment, thus impliedly finding that the claim was not barred by lapse of time due to the existence of a new and further disability (sec. 11, [c]). It is this finding which petitioner attacks as being unsupported.by the evidence.

It appears from the reports of the medical witnesses contained in the record, that the fractured litle finger of the left hand healed in a deformed shape and with a definite loss of function. Roldan was discharged from the hospital apparently with his finger in this condition when the period of disability caused by his other injuries had ceased.' In August of 1931 Roldan sought further treatment and was examined by Dr. French of the Golden State Hospital, where he had been treated before, Dr. Herzikoif of Dr. French’s staff, and Dr. Carey. An X-ray report was made by a Dr. Goin. It appears from the reports of Dr. Carey, which incorporate the X-ray findings, that there was considerable displacement and deformity of the little finger of the left hand due to the old fracture and a destruction of the distal head of the left fifth metacarpal bone which caused a tender prominence in the left palm. Dr. Carey recommended surgery to remove the deformity in the palm and to “prevent further destruction of the bone adjacent to the present destroyed joint’’. Dr. Her