County of Los Angeles v. Industrial Accident Commission

THOMPSON (IRA F.), J.

This is a petition for a writ of review by which it is sought to annul an award made by the Industrial Accident Commission to applicant Bessie Halpern. The facts of her injury and subsequent treatment are as follows:

On May 29, 1929, while applicant was employed as a nurse at the Los Angeles County Hospital she fell on a cement floor while reaching upward to a shelf, resulting in injury to her low back and hip. She left her work on June 3d and became a patient at the Los Angeles County Hospital, where she remained until July 15th. While in the hospital one of the medical staff was in attendance upon her, but during the last ten days while she was there she called in, with the permission of the regular attending physician, Dr. Arnov, the latter being a member of the visiting medical staff at the hospital. Dr. Arnov then took complete charge of her case, the other physician permitting him to order such medicines and treatment as he prescribed. Two days after applicant left the hospital she developed lockjaw and called Dr. Arnov to her home to attend her. He advised her to go to a sanitarium and suggested in this

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connection Loma Linda Sanitarium. She left in a few days for this sanitarium and remained there until the 16th of August. She paid her hospital bill at the Loma Linda Sanitarium and also paid Dr. Arnov a part of his fee, and it is reimbursement for these amounts and for compensation awarded her which forms the basis of petitioner’s complaint.

Pursuant to her application to the Industrial Accident Commission a hearing was had on February 6, 1930, in which she was adjudged to be entitled to her reasonable medical expenses which were to be fixed subsequently upon ■request and the filing of itemized bills; she was further awarded the sum of $20.83 a week, commencing June 10th and to and including November 28, 1929. Thereafter defendants petitioned for a rehearing before the Industrial Accident Commission, which was granted, and which resulted in an affirmance of the award. ¡

The petitioner here now contends in effect, that the respondent Commission failed to find upon the question of whether the applicant left the county hospital of her own accord or was discharged therefrom, and further that any finding to the effect that she did not leave voluntarily would be unsupported by the testimony. Hence it is said the Commission was without jurisdiction to render its award.