Simien v. Industrial Accident Commission

SHINN, P. J.

John S. Simien petitions for review of part of an award of the Industrial Accident Commission; additional respondents are City of Pasadena and State Compensation Insurance Fund. The only feature of the award challenged by petitioner is the denial of reimbursement for the expense of self-procured medical, surgical and hospital service. The only answer on file is that of the commission, and the question for decision is stated therein as follows: “Where both the employer and the employee are completely unaware that a traumatic incident arising out of and occurring in the course of employment has initiated injury which later becomes disabling and the employee, upon becoming disabled, proceeds, without notifying the employer or making any demand for treatment, to obtain treatment and relief on his own, absent emergency, may he, after completion of the course of treatment undertaken by him, hold the employer liable therefor?” The commission answers this question in the negative.

Petitioner suffered from a head injury for which he procured surgery. He had not notified his employer that he had received such an injury in the course of his employment and the employer being unaware that such an injury had occurred had no opportunity to furnish the necessary treatment. Petitioner contends that he did not know and did not have the mental capacity to know or understand that he had suffered a service-connected injury which was responsible for his condition. He contends further that the physicians and surgeons whom he consulted did not know that his condition was

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of traumatic origin until that fact was disclosed by an operation. The commission denied reimbursement for the expense of this operation and incidental care.

An employer is not liable for the cost of self-procured treatment unless he has neglected or refused to furnish it. Section 4600 of the Labor Code so provides and has been so applied in many cases.

(Leadbettor

v.

Industrial Acc. Com.,

179 Cal. 468 [177 P. 449];

Columbia etc. Steel Div., U.S. Steel Co.