264 Pa. 221 | Pa. | 1919
Opinion by
This case is under the Workmen’s Compensation Act of June 2,1915, P. L. 736. Plaintiff, while in defendant’s employ as car runner, on March 9, 1916, had a finger so crushed as to require surgical and medical assistance, which was reasonably tendered by defendant. However, after accepting such assistance for three days, plaintiff consulted his own family doctor, who thereafter took
The referee duly heard the case, made formal findings and awarded plaintiff compensation; from which defendant, on the question of law above stated, appealed successively to the compensation board, the court of common pleas, the Superior Court and now to this court. The award was clearly right, as the natural construction of the words “shown to have resulted from such refusal” refer to “any injury” as well as to “any increase in his incapacity.” Chairman Mackey of the compensation board properly interprets this clause as though it read, “If the employee shall refuse reasonable surgical, medical and hospital services, medicines and supplies, tendered to him by his employer, he shall forfeit all right to compensation for any increase in his incapacity shown to have resulted from such refusal.” The manifest purpose is to protect the master from any loss that might result because of the servant’s refusal to accept the tendered assistance, not to penalize the latter for exercising the important privilege of employing his own physician. However, by so doing the employee assumes the responsibility for his own treatment and must bear the loss resulting from neglect or lack of skill therein.
If by refusing the tendered assistance the servant forfeits all right to compensation for the injury he has sustained, then the balance of the sentence is meaningless;
Appellant calls our attention to that clause in sec. 301 of the act (p. 738) which provides that, “The terms ‘injury’ and ‘personal injury’ as used in this act shall be construed to mean only violence to the physical structure of the body, and such disease or infection as naturally results therefrom.” Conceding that such definition applies to the word “injury” as used in the clause in question, it does not change the construction. Malpractice might constitute a violence to the physical structure of the body, and disease or infection might naturally result from refusal to accept the reasonable surgical or medical services tendered to an injured employee. But it is not necessary to anticipate the cases where injury might result from such refusal.
The assignments of error are overruled and the judgment is affirmed.