Southern California Edison Co. v. Industrial Accident Commission

CRAIG, J.

The respondent Robert Jansen was employed by the petitioner herein as a rigger and boilermaker on February 19, 1925, on which date he was injured in the course of and arising out of his employment. Prior to his injury he resided at one of the petitioner’s mountain camps at Big Creek, where he was furnished board and lodging. When so injured the respondent Jansen was removed to and confined for treatment at petitioner’s hospital at Big Creek until August 8, 1925, when he was placed in a hospital at Los Angeles for further hospital and medical treatment by petitioner’s chief surgeon, and there remained until

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May 11, 1926. On June 12, 1926, Jansen filed an application with the Industrial Accident Commission for adjustment of claim, and after hearing therein was awarded $20.83 per week, with interest, and hospital and surgical treatment to cure and relieve him from the effects of his injury. Said claim was numbered 6205. On October 28, 1926, the applicant again returned to the Los Angeles hospital, where he remained until May 6, 1927. On September 21, 1927, he filed a second application for adjustment of claim, which was numbered 23538, wherein it was recited that: “A question has arisen with respect to the liability of the employer or insurance carrier, and the general nature of the claim in controversy is, question of liability for extra living expenses on account of medical treatment.” At the hearing of this latter application it appeared that payments previously ordered, totaling $2,814.36, had been made, and were still being made. The applicant then testified, and it was found by the Commission that Jansen was treated “but not in the hospital” on August 10, 1926, May 12 to October 27, 1926, inclusive, and May 6 to August 2, 1927, inclusive, a total of 259 days; that while so receiving treatment and residing outside of a hospital, he incurred expenses at Los Angeles for two rooms at 75 cents per day, meals at $1.50 per day, and that his daily expenses for laundry, car-fare to the hospital, and for a man to help him bathe, were 35 cents, 10 cents and 25 cents, respectively. It further appeared that during a portion of the 259 days the applicant resided at San Francisco, where two rooms cost him $26.25 per month, and that he there expended $1.85 per day for meals, and $1 per week for laundry. On December 13, 1927, the respondent Commission rendered findings consolidating the claims numbered 6205 and 23538, reciting that: “Said applicant was under medical treatment and observance for a period of 259 days in the city of Los Angeles, California, . . . and during said period of 259 days the applicant was not confined in any hospital ...” A “supplemental award for excess living expenses” was rendered in the sum of $427.35, upon the basis of a difference in living expenses of $1.05 at the labor camp, and $2.70 at Los Angeles, per day. Upon application of petitioner for a rehearing upon this latter award, which was granted, it was contended that the applicant