Shropshire v. Superior Court

CONREY, P. J.

The facts as shown by the petition are as follows: In the justice’s court of San Gorgonio township, in the county of Riverside, one J. W. Cook, a physician, sued petitioners on a claim for an amount stated as the reasonable value of professional services performed by him for one Roy Henderson. It was alleged that the plaintiff rendered those services at the special instance and request of the defendants. Judgment having been rendered in favor of Cook, the’ defendants appealed to the superior court on questions of law and fact. At the trial in the superior court the evidence proved conclusively that the services of the plaintiff were required and rendered by reason of injuries received by Henderson while in the employ of the defendants; that at the time of the injuries, Henderson was performing services growing out of and incidental to his employment and was acting in the course of his employment. Therefore, both petitioners and Henderson were subject to the compensation provisions of the Workmen’s Compensation, Insurance and Safety Act of 1917. (Stats. 1917, p. 831.) The petition alleges that by reason of said facts the superior court did not have jurisdiction to render the judgment which it rendered against petitioners as the result of said trial in the superior court; and it is further alleged that petitioners have no other plain, speedy, or adequate remedy at law. The petition further alleges that the evidence produced at the trial in the superior court proved conclusively that no agreement was made by petitioners with Dr. Cook wherein and whereby the amount to be paid for his said surgical and medical services was fixed.

Petitioners rely upon section 17, subdivision (b), of the Workmen’s Compensation, Insurance and Safety Act of 1917, which provides that the jurisdiction of the Industrial

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Accident Commission shall include any controversy concerning compensation or concerning any right or liability arising out of or incident thereto, jurisdiction over which is fixed by this act in the commission, “unless an express agreement shall have been made between the persons or institutions rendering such treatment and the employer or insurance carrier fixing the amount to be paid for the services.” (Workmen’s Compensation, Insurance and Safety Act of 1917, Deering’s Gen. Laws, 1923 ed., Act 4749.)