Godeau v. Industrial Accident Commission

TYLER, P. J.

Certiorari

to review an award of compensation benefits made by the Industrial Accident Commission to one Jesus Yanus for injuries received in the course of his employment.

Yanus was engaged as a laborer by petitioner Julius S. Godeau to perform certain services -in his casket factory. Both employer and employee were subject to the provisions of the Workmen’s Compensation Insurance and Safety Act (Stats. 1917, p. 831, as amended). On April 7, 1924, Yanus, while performing his duties, was injured by reason of a board falling upon his left foot, which caused a serious fracture of two of the métatarsal bones.

On July 7, 1924, he filed with the Industrial Accident Commission his application for adjustment of a claim for compensation growing out of said injuries. Several hearings were had thereon and on March 5, 1925, the Commission entered its award. It found in substance that the employer had notice of the injuries received by Yanus and had furnished him, in part, the medical treatment required. It further found that the applicant was entitled to further medical treatment which the employer had tendered, but which was refused by the applicant, in consequence of which his disability was aggravated, but considering the seriousness of the injury such aggravation was inconsiderable. It also found that the refusal to receive the additional treatment was unreasonable and further compensation was discontinued until such time as the applicant should submit to the offered treatment. With reference to the result of the injuries it was found that they caused temporary total disability continuing from the date thereof

[335]

to and including the thirteenth day of May, a period of four and one-seventh weeks, exclusive of the waiting period of seven days entitling the employee to $11.12 per week, amounting to $46.07.

Beginning with the fourteenth day of May, 1924, the employer furnished to the employee light work at full wage which he was able to perform. The Commission found that the employee was not entitled to any compensation beginning with the last-mentioned date or until such time as he should submit to the offered treatment above mentioned. On the twenty-fifth day of March, 1925, Yanus filed a petition for rehearing, which was granted on April 15, 1925.