Bethlehem Steel Co. v. Industrial Accident Commission

KINGSLEY, J.

Applicant, a 40-year-old repairman of diesel trucks and locomotives, sustained injury to his back and right leg on June 1, 1960, while employed by Bethlehem Steel Company. Bethlehem Steel Company, the petitioner here, accepted liability, furnished medical care, and paid temporary disability benefits. On September 27, 1961, the applicant underwent back surgery. Subsequently, treating doctors recommended further surgery. The applicant refused,

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and Bethlehem Steel Company raised the issue of unreasonable refusal of medical care. On November 22, 1963, the referee issued findings and an award for permanent disability, making, among others, the following findings:

“2.

The defendant has paid the sum of $6,008.09, which adequately compensates the applicant for all temporary disability.

“3. Said injury caused permanent disability which is rated at 76%, entitling the applicant to $52.50 per week for 304 weeks, in the total sum of $15,960.00, and thereafter a life pension at the rate of $19.38 per week, based upon maximum earnings.

“4. Payments for permanent disability shall begin on June 8,1963.”

The award called for permanent disability of $15,960, payable to applicant at $52.50 per week for 304 weeks beginning June 8, 1963, but made no provision for lifetime pension. On December 6, 1963, the referee issued an order amending the award “for clerical error” to provide a lifetime pension of $19.38 per week after payment of the total sum of $15,960.

On December 16, 1963, petitioner filed a petition for reconsideration, contending: (1) the uncontradicted evidence was that surgery would reduce disability, applicant’s refusal was unreasonable, petitioner is entitled to apportionment of disability, and apportionment would reduce applicant’s present disability below 70 per cent thereby making an award for lifetime pension improper; (2) it was unreasonable to award lifetime medical treatment where applicant refused recommended medical treatment; and (3) the uneontradicted evidence was that applicant’s condition became permanent and stationary on or about August 20, 1962, and petitioner was therefore entitled to a credit for temporary disability paid after that date.