Gullick v. Industrial Commission
This text of 383 P.2d 123 (Gullick v. Industrial Commission) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Loyl R. Gullick, petitioner, seeks review of an award of the Industrial Commission of Arizona denying industrial benefits. Petitioner sustained an injury to his back on December 5th, 1961, while employed by Arizona Sand & Rock Company as a driver of a cement mixer truck and on the same day was admitted to a hospital for treatment. Dr. Stanford F. Hartman on December 7th, 1961 reported to the Commission a diagnosis as follows: “Acute low back strain with radiculitis of L 5 on the right.”
The employer first filed a report that no notice of the injury had been given to it and as a result of this the Commission advised Dr. Hartman’s office he would have to proceed on a private patient basis. Subsequently, on December 19th, 1961 the employer reported that the injury had been reported to its chief dispatcher on December 5th. Petitioner was examined by Dr. G. T. Hoffman, a neurosurgeon, on a consulting basis and he made this recommendation under date of December 9th, 1961.
“I would recommend continuation of conservative therapy and consideration will further have to be made if usual methods do not improve before any surgical procedure be instituted. The patient would most likely be better seen in group consultation. I believe that if there is orthopedic reason for fusion that the patient’s nerves should be explored but I do not find enough indication at this time to consider mylography [sic] from a neurological or neurosurgical standpoint.”
Thereafter, on December 21st, 1961, Dr. Hartman advised that petitioner had a great deal of pain and requested permission to perform a myelogram and surgery. Petitioner was also examined by Dr. W. S. Hunter. Doctors Hartman and Hunter performed an operation on December 22nd, *239 1961 resulting in a spinal fusion and a finding by the doctors his condition was a “facet syndrome L 5-S 1.” Petitioner was discharged from the hospital January 2nd, 1962 and his condition proceeded with a satisfactory prognosis, all of which was reported to the Industrial Commission. Thereafter, tJae Commission referred the matter to a medical consultation board of five physicians. The board’s report dated February 28th, 1962 recited a medical history of a back injury occurring in 1946 and:
“ * * * the consultants are of the opinion the patient had a congenital anomaly of the lumbosacral spine with an instability of the lumbosacral spine which pre-existed the accident in question.
“In our opinion the patient sustained a lumbosacral strain as a result of the accident in question which, in itself, would not justify surgical intervention within two and a half weeks after the accident.
“From review of the file it is the impression of the consultants that surgery was accomplished therefor, for the preexisting condition rather than for the lumbosacral strain, and that within 2j^ weeks surgery would not commonly have been indicated in connection with the case. Further, it is felt that the care of the patient and investigation of his problem up to, and including, the myleography [sic] would be justified on an investigative basis in connection with the accident.”
On March 29th, 1962, the Commission entered an award that petitioner sustained a personal injury by accident arising out of and in the course of his employment; that he was entitled to accident benefits until December 21st, 1961; that he was entitled to $202.85 temporary total disability covering the period December 6th, 1961 to March 9th, 1962; that he had been paid $1,191.79 through this period; and that he therefore was indebted to the Commission for $988.94 and that all subsequent medical treatment and disability was attributable to a pre-existing non-industrial condition. Petitioner was directed to repay to the Commission the excess sum of $988.94. On rehearing the Commission affirmed these findings and award and made two additional findings:
“1. That said applicant had an abnormality in his back which required surgery after the 21st day of December, 1961. That the findings on such operative procedure disclosed that the necessity of said surgery was not from the accidental injury and back sprain sustained on December 5, 1961 but from the longstanding prior conditions.
“2. That applicant failed t,o sustain his burden of proving that any of his dis *240 ability for which surgery was required and the residuals thereafter were an approximate [sic] result or occasioned by the back sprain suffered on December 5, 1961 while in the service of the above-named defendant employer.”
The basis of the award is the consulting board’s report quoted above. However, the medical conclusions of the consultation board do not lead to the legal conclusions reached by the Commission. The legal responsibility for workmen’s compensation benefits arises upon the occurrence of an injury by accident in the course of the employment and extends to the physical and mental consequences which are traceable to the accidental injury. Murray v. Industrial Commission, 87 Ariz. 190, 349 P.2d 627. When an injury caused by accident attributable to the employment aggravates a pre-existing physical condition or in combination with the pre-existing condition produces an injurious effect, the resulting medical, surgical and hospital or other treatment is compensable. 1
Accident benefits are not divisible into portions but the whole thereof is included when there is a relation between the accidental injury and the treatment reasonably required. The findings of the board are that without the prior instability a lumbosacral strain in itself would not have occasioned a spinal fusion operation. Accepting this as medically conclusive, it does not support a finding that the operation was occasioned by the existing instability alone. The Commission presented no medicál testimony at the rehearing. Doctors Hartman and Hunter each testified at the rehearing that in their opinion the lumbosacral btrain was related to the necessity of relievirig petitioner’s pain by surgery. 2
*241 Prior authorization for medical treatment reasonably held necessary by competent medical practioners is not a prerequisite to the accident benefits of the Workmen’s Compensation Act. A.R.S. § 23-1081. See Paramount Pictures, Inc. v. Ind. Comm., 56 Ariz. 217, 106 P.2d 1024. Dr. Hoffman’s recommendation may be in conflict with those of the other physicians. It is not unreasonable for medical practitioners to come to different conclusions. However, so long as the course of treatment followed is reasonable under all the circumstances the Commission may not require the injured employee to select another treatment at the risk of losing the benefits conferred by the Workmen’s Compensation Act.
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Cite This Page — Counsel Stack
383 P.2d 123, 94 Ariz. 237, 1963 Ariz. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gullick-v-industrial-commission-ariz-1963.