73 Ind. App. 442 | Ind. Ct. App. | 1920
The record discloses that on September 5, 1918, appellee, a physician, filed his application before the Industrial Board for the adjustment of his claim for services rendered appellants in the treatment of injuries to the employes of appellant company, resulting from accidents arising out of and in the course of their employment with said company; that, such proceedings were had thereon that the full board, on January 4, 1919, made the following finding and order with reference thereto: “And the full board having heard the argument of defendants’ counsel, having reviewed the evidence and being duly advised in the premises finds that the plaintiff is a licensed, practicing physician and surgeon and has been located in Attica, Indiana, continuously since September 21, 1910; that as such physician and surgeon the plaintiff was employed by the defendants to treat the injuries of certain of the defendant company’s employes who had received such injuries by accidents arising out of and in the course of their employment with said company; that pursuant to said employment the plaintiff did render services in the treatment of injuries of employes of the defendant company who had received their injuries by accident arising out of and in the course of their employment with the defendant company as set out in plaintiff’s complaint and in his itemized claim filed therewith; that taking into consideration the charges that prevail in the community in which the plaintiff practices and in which said services were rendered for similar treatment of injured persons of a like standard of living. of the employes whom the plaintiff treated, when such treatment is paid for by the injured persons themselves personally, the value of the plaintiff’s service is three hundred and forty-one dollars.
An examination of the Workmen’s Compensation Act, Acts 1915 p. 892, §80201 et seq. Burns’ Supp. 1918, discloses that the following provisions were in force, with reference to an employer furnishing an attending physician to his injured employes, when the services in question were rendered, the claim therefor was filed, and the order from which this appeal is taken was made:
“Sec. 25. During the thirty days after an injury the employer shall furnish or cause to be furnished free of charge to the injured employe * * * an attending physician * * * and in addition such surgical and hospital service and supplies as may be deemed necessary by said attending physician, or the industrial board. * * * If in an emergency on account of the employer’s failure to provide the medical care for the first thirty days, as herein specified, or for other good reason, a physician other than that provided by the employer is called to treat the injured employe during the first thirty days, the reasonable cost of such service shall be paid by the employer subject to the approval of the industrial board.”
For the reasons stated, we conclude that the Industrial Board was without jurisdiction to make the order from which this appeal is taken. The award of the Industrial Board is therefore reversed, with directions to enter an order dismissing appellee’s application to have his claim for services approved.