Boyles v. Workmen's Compensation Appeals Board

KINGSLEY, J. Lillie M. Boyles petitions for review of that portion of a workmen’s compensation award which denied to her reimbursement for expense of self-procured medical treatment and attendant transportation.

Petitioner, a cook by occupation, sustained an industrial injury to her neck and back as a result of a fall on March 15, 1965. Respondent, the employer’s insurer, assumed liability and provided medical treatment and weekly temporary disability compensation. A physician for respondent, upon examination of petitioner on June 23, 1965, advised petitioner he was “releasing” her to return to work as of June 28, 1965, and he “would see her in two weeks.” Petitioner did not return to work. She did not return to respondent’s physician but consulted a physician of her own choice.

[823]Respondent insurer terminated the payment of weekly disability benefits after June 27, 1965. On July 9, 1965, petitioner filed application for continuing benefits. After hearing of the cause, the referee found, among other things, that the injury caused continuing total temporary disability through November 2, 1965, and thereafter; that medical treatment was required to cure or relieve from the effects of the injury; that respondent insurer failed to furnish medical treatment to cure or relieve from the effects of the injury after notice of need; that petitioner incurred reasonable expense therefor; and that petitioner incurred reasonable and necessary transportation expense in obtaining medical treatment. Award issued in accordance therewith, directing that the amount of reimbursement be adjusted between the parties or, in the event they failed to agree, upon a subsequent petition for determination of the amount.

Respondent petitioned for reconsideration upon the sole ground that the evidence did not justify the finding of liability for self-procured medical treatment. It did not seek reconsideration of the referee’s finding that the injury had, in fact, caused total temporary disability through November 2, 1965. The Industrial Accident Commission, upon the limited reconsideration thus sought, annulled the award for reimbursement of self-procured medical treatment and transportation expense incurred in connection with the self-procured treatment and struck the findings relating thereto. A subsequent petition for reconsideration filed by petitioner was denied by the Workmen’s Compensation Appeals Board.1

The appeals board decision is based on its findings that respondent’s physician did not neglect or refuse to provide treatment and that petitioner went to a doctor of her own choice because of a personality conflict with the respondent’s doctor.