Department of Mental Hygiene v. Industrial Accident Commission

KINCAID, J. pro tem.

*

The petitioner seeks by this proceeding in review to annul an order and decision after reconsideration of the respondent Industrial Accident Commission which disallowed petitioner’s lien claim in the sum of $790.67 against an award made to an employee.

The employee sustained in industrial injury to his back in 1954 and subsequently, in 1959, an award of temporary and permanent disability indemnity in a substantial amount was made in favor of the employee against the employer and its compensation carrier.

Petitioner filed its claim of lien against this award, asserting that said sum represented the unpaid balance of charges for the “care, support and maintenance of [the employee] at Camarillo State Hospital from March 12, 1958, through July 26, 1958, and from October 6, 1959, through December 23, 1959,’’ and for certain minor ambulance charges. The trial referee refused to allow said lien claim.

The commission granted reconsideration and held that the employee had been hospitalized at the Camarillo State Hospital for a “mental condition which had no relation to his industrial injury’’; that “the institutional care was for a mental condition and that such care could not properly be designated as living expenses.’’ Petitioner’s lien claim was thereupon rejected.

Since the commission has determined that the subsequent mental condition for which the employee was hospitalized was not related to the industrial injury and no contention is now made that the evidence was insufficient to support such finding and determination, it necessarily follows that petitioner could not be allowed a lien under subdivision (b) of Labor Code, section 4903.

(Western Union Tel. Go.

v.

Fibush,

4 Cal.2d 185 [48 P.2d 37].)

Subdivision (b) of said section provides in essence

[834]

that the commission may allow as a lien against an award the reasonable expenses incurred for or on behalf of the injured employee in obtaining “medical and hospital” treatment for the industrial injury in accordance with sections 4600 to 4605 of the Labor Code.