Colonial Insurance v. Industrial Accident Commission

SHINN, Acting P. J. In this proceeding to annul an award of the Industrial Accident Commission to an injured employee, the question for decision is correctly stated by counsel for respondent as follows: “Does a monetary payment by the employer (who was reimbursed by his insurance carrier) to an injured employee, to be used to pay for the services of a chiropractor who had treated, and temporarily relieved, the pain in the employee’s sprained back, give the Industrial [11]Accident Commission continuing jurisdiction so that an application for compensation for new and further disability may be filed by the employee at any time within 245 weeks after the date of the original injury?”

On the day of his injury the employee engaged the services of a chiropractor and received a treatment for an injury to his back. On the second day thereafter he reported the injury to his employer, who reported to the insurance carrier; the employee remained at home during the ensuing week, was visited by his employer, and continued to receive chiropractic treatments. The employer tendered no medical treatment and the employee received none at that time, although within a week after the accident he was examined by a physician at the suggestion of the insurance carrier and was advised that he was all right. The commission did not find that the employer neglected or refused to furnish medical treatment. The charges of the chiropractor, amounting to $9.00, were paid to the employee by the employer, who was reimbursed therefor by his insurance carrier upon presentation of the chiropractor’s bill and after receiving a communication from the chiropractor. No application was filed for compensation for the original injury and no sum in excess of $9.00 was paid to or for the employee. The present application for compensation was based upon new and further disability which developed, and was filed within 245 weeks after the date of the original injury.

Petitioner’s contention is that while the employer was required to furnish medical, surgical and hospital treatment, he was not obliged to furnish treatment by a chiropractor and that the reimbursement of the employee for the cost of such treatment cannot be considered as compensation in any form so as to extend the time for the filing of a claim. The commission found that there was new and further compensable disability, that the employer had furnished “treatment” for the original injury, and that because thereof the claim depending upon the new and further disability was not barred. These findings are supported by the evidence and they justify the award. The commission did not find that chiropractic treatment constitutes medical treatment and there is nothing in the findings to indicate that the award was made upon the theory that the employer was obliged to furnish chiropractic treatment or to reimburse the employee for the cost thereof. Undoubtedly the theory was that reimbursement of the em