In re Kelley

116 N.E. 306, 64 Ind. App. 594, 1917 Ind. App. LEXIS 88
CourtIndiana Court of Appeals
DecidedJune 1, 1917
DocketNo. 9,948
StatusPublished
Cited by10 cases

This text of 116 N.E. 306 (In re Kelley) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Kelley, 116 N.E. 306, 64 Ind. App. 594, 1917 Ind. App. LEXIS 88 (Ind. Ct. App. 1917).

Opinion

Felt, J.

1. In pursuance of the provisions of §61 of the Workmen’s Compensation Act (Acts 1915 p. 392), the Industrial Board has duly submitted to this court a statement of facts and a question of law as follows:

[595]*595Statement of facts: “That on the 12th day of July, 1916, A was in the employment of B at an average, weekly wage of $13.50; that on said date the employe received a very severe personal injury by an accident arising out of and in the course of his employment with the employer; that the employer had actual personal knowledge of the said injury at the time that it occurred and employed C, a licensed, practicing physician, to treat the employe’s injuries; that among other complications arising from said injury blood poisoning set in; that at the expiration of thirty days from the injury the employe was in such a serious condition that continued medical treatment was absolutely necessary in order to save his life; that B, the employer, expressly ordered and directed the physician C to continue the treatment of A until he was recovered from said injury; that at the time of said accidental injury D was the compensation insurance carrier of B; that D’s policy of insurance issued to B provides that the insurer shall assume and promptly pay for and in behalf of the employer, to the persons entitled thereto, all benefits provided for by the Indiana Workmen’s Compensation Act, for physicians’ fees, hospital fees, compensation and burial expenses; that immediately prior to the expiration of the first thirty days from the injury of A, D served written notice upon both A and B that, as the compensation insurance carrier, it would not pay for any treatment of A beyond the first thirty days after his injury; that C continued the treatment of A until he was recovered from his injury, and his charge for treatment after the expiration of the first thirty days is $90, which is admitted by all parties to be reasonable and.to be a charge that prevails in the community in which the employe resided, for similar treatment of injured persons of a like standard of living, [596]*596when such, treatment is paid for by the injured person.

“The physician has filed a claim for $90 and asks the approval of it as against both the employer and the insurance carrier; the employer consents to the approval but the insurance carrier denies the right to have the claim- approved as against it. It makes no contention as to the right to have a proper medical claim approved against it. In fact, it expressly states that under section 74 of the Indiana Workmen’s Compensation Act and the provisions of sections 65 and 66, such a claim may properly be made against both it and the employer.”

“Certified Question of Law. Upon the facts above stated is the physician entitled to have his claim approved as against the compensation insurance carrier

The facts are clear and conclusive that the employer expressly authorized the physician to continue the treatment of the injured employe beyond the first thirty days following the injury, if necessary to effect a cure, and they are equally conclusive that to effect a cure it was absolutely necessary to so continue the treatment. Therefore the facts are conclusive and permit of but one inference, viz., that the services of the physician in controversy were duly authorized by the employer.

Section 25 of the Workmen’s Compensation Act, in addition to providing for medical services to be furnished by the employer “during the thirty days after an injury,” also provides that “during the whole or any part of the remainder of his disability resulting from the injury, the employer may, at his option, continue to furnish or cause to be furnished, free of charge to the employe * * • * an attending physician.”

The policy held by the employer provides that “the insurer shall assume and promptly pay for and in be[597]*597half of the employer, to the person entitled thereto all benefits provided by the Indiana Workmen’s Compensation Act for physicians fees, hospital fees, compensation and burial expenses.” If the services of the physician rendered beyond the first thirty days after the injury, by authorization of the employer, are included in the benefits provided by the law for an injured employe in* cases like the one under consideration it is clear that the language of the policy is sufficiently broad and comprehensive to include compensation therefor.

The language of §25, supra, shows that the employer in voluntarily continuing to furnish a physician after the first thirty days had expired and until the injured employe had recovered, was acting within the purview of the statute. Section 68 of the act provides that: “Every employer under this act shall either insure or keep insured his liability hereunder in some corporation, association or organization authorized to transact the business of workmen’s compensation insurance in this state, or shall furnish,” etc. Section 78 provides that notice to or knowledge of the injury on the part of the insured shall be deemed notice or knowledge on the part of the insurer; “and that the insurer shall in all things be bound by and .subject tó the awards, judgments or decrees rendered against stich insured.” Section 74 is as follows: “No policy of insurance against liability arising under this act shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to same all benefits conferred by this act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury or by any default in the giving of any notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to [598]*598compensation enforceable in his name.” Section 75 provides that: “Every policy for the insurance of the compensation herein provided, or against' liability thereof, shall be deemed to be made subject to the provisions; of this act.”

While the employer would be liable for authorized services independent of the statute, the legislature nevertheless incorporated into the act the provision recognizing the voluntary employment of physicians by employers to continue treatment of injured employes be-« yond the period of the first thirty days after the injury, and it is reasonable to believe that it was so incorporated to serve some purpose in carrying into effect the intent of the legislature.

2. Here there can be no doubt that an injured employe, the employer and the insurance carrier are all within the purview of the act under consideration. Such being the case, the statute should be liberally construed to promote the ends intended to be secured by its enactment. Effect should be given to all parts of the statute where it is reasonably possible so to do in harmony with the spirit and purpose of the whole act. Fort Wayne, etc., Supply Co. v. Pfeiffer (1915), 60 Ind. App. 615, 624, 111 N. E. 192; Greenbush Cemetery Assn. v. Van Natta (1911), 49 Ind. App. 192, 198, 94 N. E. 899; Hyland v. Rochelle (1913), 179 Ind. 671, 676, 100 N. E. 842, 845, 847.

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Cite This Page — Counsel Stack

Bluebook (online)
116 N.E. 306, 64 Ind. App. 594, 1917 Ind. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kelley-indctapp-1917.