Williams v. Industrial Accident Commission

BURKE, J.

The question presented is whether a lien may be allowed against a workmen’s compensation death award, for medical and hospital services rendered to a surviving dependent of the deceased employee. We have concluded that respondent Industrial Accident Commission erred insofar

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as it included expenses for such services in its lien order here under review, and that the order to that extent must be annulled.

Jack Williams, the employee, died in November 1962 from an industrial injury. Award was made by the commission to petitioners, the surviving wife and children, in the maximum amount of $20,500 payable $70 per week beginning November 26, 1962. Thereafter the City and County of San Francisco filed a lien in the amount of $6,202.70 against the award, of which the commission allowed the sum of $5,360.10. The lien so allowed included $4,952.70 for medical treatment to the surviving wife rendered in the San Francisco General Hospital from April 1963 to October 1963, and claimed by the city to represent the reasonable “living expenses” of the wife of a deceased employee subsequent to his death and injury, within the meaning of section 4903, subdivision (c), of the Labor Code.

1

In this review proceeding it is contended that the cited statute does not contemplate that medical services be included within the term " living expenses. ’ ’

In

Western Union Tel. Co.

v.

Fibush

(1935) 4 Cal.2d 185 [48 P.2d 37], after an employee had been awarded benefits for an industrial injury, a doctor filed a lien claim for medical treatment furnished the employee subsequent to the industrial injury but for a condition not industrially caused. The commission concluded that although the statute did not authorize such a lien as medical expenses it could be allowed as “living expenses” under the provisions of former subdivision (b)(3) of section 24 of the Workmen’s Compensation Act (now Lab. Code, § 4903; see fn. 1,

ante).