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Lee Moor Contracting Co. v. Industrial Commission

Supreme Court of Arizona

April 21, 1947

LEE MOOR CONTRACTING CO. et al.
v.
INDUSTRIAL COMMISSION et al

Appeal from Industrial Commission.

Proceeding under the Workmen's Compensation Law by J. B. Rhoades, claimant, opposed by Lee Moor Contracting Company, and Employers' Liability Assurance Corporation, Limited, insurer. To review an award of the Industrial Commission of Arizona Ray Gilbert and others, members, Lee Moor Contracting Company and Employers' Liability Assurance Corporation, Limited, appeal by certiorari.

Award set aside in part, and affirmed in part.

Jennings, Salmon & Trask, J. A. Riggins, Jr. and Henry S. Stevens, all of Phoenix, for petitioners.

H. S. McCluskey, of Phoenix (John R. Franks, of Phoenix, of counsel), for respondents.

Stanford, Chief Justice. LaPrade and Udall, JJ., concurring.

OPINION

Stanford, Chief Justice.

[65 Ariz. 301] By certiorari the employer and its insurance carrier designated herein as the petitioners, have brought before us for review an "amended supplemental findings and award on rehearing on contested medical benefits" entered by the Industrial Commission of Arizona (hereinafter termed the Commission) on June 18, 1946, in favor of Drs. Tuveson and Sult, and J. B. Rhoades, the latter being one of the respondents in this proceeding.

For a detailed history of this much litigated industrial case (No. NN 609) which arose out of an injury to J. B. Rhoades on July 17, 1939, reference is made to two previous decisions of this court, viz.: Rhoades v. Lee Moor Contracting Co., 60 Ariz. 161, 132 P.2d 432 and Lee Moor Contracting Co. v. Industrial Com., 61 Ariz. 52, 143 P.2d 888.

Page 787

It manifestly appears from the record that the following compensation awards or amended awards have become final, viz.: (1) original award of compensation and accident benefits entered August 7, 1940, rehearing granted and award affirmed by the Commission on October 18, 1940; (2) award granting additional compensation, on account of traumatic neurosis, dated July 7, 1941; (3) amended findings and award granting additional compensation, for the aggravation of a pre-existing arthritic condition in his spine, dated May 3, 1943. Under this last award Rhoades was given a temporary total disability rating for a period not exceeding 100 months and compensation and medical benefits thereunder (with the exception hereinafter noted) have [65 Ariz. 302] been and now are being paid to him. No reference was made in this award to "medical benefits" though the accompanying findings say he is entitled thereto.

The award now before us for review orders the petitioners to pay certain medical benefits which can be conveniently grouped, as follows: (1) $ 378 to respondent Rhoades for medical services and accident benefits due him. $ 353 of the items going to make up this total were incurred subsequent to the previous award dated May 3, 1943. The $ 25 paid to Dr. Clohessy was for services rendered prior thereto. (2) An award of $ 171.69 to reimburse Rhoades for expenses incurred between October 21, 1941 and October 31, 1941. These expenses were incident to and in support of his claim for new and additional disability compensation arising out of the aggravated arthritic condition. (3) An award to Dr. Tuveson of $ 432 for medical services rendered to the applicant prior to July 15, 1942. And to Dr. Sult an award of $ 50 for similar services rendered prior to July 7, 1941. Neither of these doctor bills was added to the present amended award until the petitioners applied for a rehearing of the award dated March 27, 1946.

The principal question for determination is: Did the Commission have the jurisdiction to make the awards in question?

It will be noted that the award does not purport to change the compensation due Rhoades in any particular. The belated proceedings by the Industrial Commission were the outgrowth of the submission to it on June 7, 1944, by the attorney for Rhoades of receipted bills claimed to have been paid by Rhoades for medical services incurred subsequent ...


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