43 A.2d 449 | Conn. | 1945
The plaintiff, who had been receiving, under the Workmen's Compensation Act, pursuant *208 to a voluntary agreement, compensation and medical and surgical advice from doctors furnished by her employer or its insurer, made a motion to the compensation commissioner asking that he order the doctors, the employer and its insurer to furnish the plaintiff's attorneys for her benefit "a complete medical report concerning the injuries sustained by the Claimant setting forth therein the injuries, diagnosis, treatment, X-ray findings, prognosis including estimated permanent total and partial disability if any, and stating the progress of the Claimant's condition with respect to said injuries." While it is not entirely clear from the allegations in the record that the commissioner made a definite ruling on the motion, the plaintiff's brief states that he denied it, and we shall proceed upon that basis. The plaintiff instituted this action of mandamus against the commissioner to compel him to make the order sought in the motion, and an alternative writ issued. To this the defendant addressed a motion to quash upon three grounds, the only one of which we need consider is that the plaintiff had adequate remedy by appeal under the Workmen's Compensation Act. The trial court granted the motion without memorandum and, upon the plaintiff's refusal to plead further, gave judgment for the defendant. The plaintiff has appealed.
Ordinarily, an award of a compensation commissioner involves a determination that, under the terms of the act, certain sums are to be paid to persons who have proved themselves entitled to receive them. Morrill v. Hartford Painting Decorating Co.,
Mandamus does not lie except where there is no other adequate remedy in the ordinary process of the law. Bassett v. Atwater,
Nothing we have said should be taken as determining the extent to which, if at all, an employee is entitled to receive information from physicians or surgeons employed by her employer of the nature of that sought in the plaintiff's motion, nor as to the authority of a workmen's compensation commissioner to make an order that it be furnished.
There is no error.
In this opinion the other judges concurred.