Pacific Employers Insurance v. French

THE COURT.

This case was transferred to this court after decision by the District Court of Appeal, Second

[140]

Appellate District, Division One, for the reason that we desired to give further consideration to the question as to whether the Industrial Accident Commission has jurisdiction in a proceeding instituted by a doctor or hospital against an insurance carrier of an employer for the reasonable value of services rendered to an employee, where neither the employer nor the employee are parties to the action, and where the employee has never been before the commission, compensation and medical services having been supplied to him.

We are of the opinion that the District Court of Appeal has correctly stated the law in reference to this point, and we, therefore, adopt as part of the opinion of this court the following portions of that opinion, written by Presiding Justice Conrey, and concurred in by Justices Houser and York:

“This proceeding in review covers two separate proceedings before the Industrial Accident Commission. They were tried together and determined by a single award. In each case the proceeding was entitled J. Rollin French, M. D., and staff, and the Golden State Hospital, ■ Incorporated, against Pacific Employers Insurance Company, a corporation. In each case the applicants sought to enforce liability for medical and hospital treatment rendered to an employee of an employer for whom the company was the insurance carrier.

‘ ‘ The employer and the. employee were in each case omitted as parties to the proceeding and were not in any way brought before the Commission. The award was made directly in favor of the applicants and against the company for the reasonable value of medical and hospital treatment furnished to the employee; and in each ease there was, of course, no award made in favor of the employee.

“It is contended by petitioner herein that the Commission was without jurisdiction of the proceeding, because the proceeding was between parties who were neither employees nor employers, and involved no rights or liabilities of them or either of them. The authority of the legislature to create an Industrial Accident Commission and to define its powers is set forth, and the limitations on the powers given are defined by article XX, section 21, of the state Constitution. The Workmen’s Compensation, Insurance and Safety Act