Connecticut and surgical treatment was held to start from the time of disability, regardless of the time of the injury. Stevens v. Pacific Telephone and Telegraph Co., California Industrial Accident Board, Oct. 22, 1912. In the last-mentioned case there was an opinion by Commissioner Morrison, in which he contended that the liability for medical attention began at the time of the injury and ceased ninety days thereafter. See a similar ruling under the Michigan Act under the title Michigan in this Chapter. Under the Roseberry Act of 1911 it was held that to recover medical and surgical expenses incurred, the applicant must show the necessity for such treatment; that the employer, after notice, had refused or neglected to furnish the same; or that the treatment offered was not suitable; and the reasonable value of the treatment procured by the applicant. Christy v. Standard Oil Co., California Industrial Accident Board, May 10, 1912. CONNECTICUT "Part B. § 7. Medical and Surgical Care. The employer shall provide a competent physician or surgeon to attend any injured employé during the thirty days immediately following the injury, as such injury may require, and in addition shall furnish such medical and surgical aid or hospital service, during such thirty days, as such physician or surgeon shall deem reasonable or necessary. In the event of the failure of the employer promptly to provide such physician or surgeon or such medical or surgical or hospital service, during any portion of such thirty days, the injured employé may provide such physician or surgeon or medical or surgical or hospital service at the expense of the employer. Or, at his option, the injured employé may refuse the medical, surgical, and hospital service provided by his employer and provide the same at his own expense. If it shall appear to the commissioner that an injured employé has refused to accept and failed to provide such reasonable medical, surgical, or hospital care, all rights of compensation under this act shall be suspended Kansas during such refusal and failure. The pecuniary liability of the employer for the medical, surgical, and hospital service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons." ILLINOIS "§ 8. The amount of compensation which shall be paid to the employé for an injury not resulting in death shall be: (a) The employer shall provide necessary first aid medical, surgical and hospital services; also medical, surgical and hospital services for a period not longer than eight weeks, not to exceed, however, the amount of $200.00. The employé may elect to secure his own physician, surgeon or hospital services at his own expense." IOWA "§ 10. (b) At. any time after an injury and until the expiration of two weeks of incapacity, the employer, if so requested by the workman, or any one for him, or if so ordered by the court or Iowa Industrial Commissioner, shall furnish reasonable surgical, medical and hospital services and supplies, not exceeding one hundred ($100.00) dollars." KANSAS In case of the death of the workman without leaving any dependents the employer must pay "the reasonable expense of his medical attendance and burial, not exceeding one hundred dollars." § 11 (a) (3). There are no other provisions for medical attention in the Kansas Statute. Massachusetts MASSACHUSETTS 1 "Part II, § 5. During the first two weeks after the injury, the association shall furnish reasonable medical and hospital services, and medicines when they are needed." If the workman dies without dependents the association shall pay the reasonable expense of the last sickness and 1 All fees for services under the Act should be based upon the rate which would ordinarily be charged the injured workman were he to pay the bill himself. In other words, charges by hospitals, physicians, and surgeons should not be any higher under the Workmen's Compensation Act, with the insurance companies paying the bills, than if the injured employé were paying them. This principle was established in view of the fact that excessive charges of all kinds add to the burden imposed upon employers by keeping rates of insurance on a higher level, or tending to increase them. The justice of this rule is generally recognized and it is only in occasional instances that it is violated. Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 11. Under § 5, Part II, which reads "during the first two weeks after the injury the association shall furnish reasonable medical and hospital services," in ordinary cases the insurance company has the right to elect what doctor and at what hospital the injured employe shall be treated. It may happen, as it has in many cases, that because of sufficient reasons growing out of the nature of the injury, personal dislike of the doctor or upon other grounds, the Industrial Accident Board will approve a reasonable bill where services were rendered by a physician selected either by the employé or employer. Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 11. The Massachusetts Industrial Accident Board has ruled that necessary carriage hire, crutches, trusses, etc., if furnished during the first two weeks after the injury, come within the meaning of "reasonable medical and hospital services, and medicines when they are needed," as specified in Part II, § 5 of the Act. See Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 10. "In ordinary cases, where nursing or care is rendered by one member of a family to another there is probably no legal liability to pay the claim. Unless there are special circumstances in connection with the case, which are not now apparent, the Board does not feel like approving the Bill." Ruling of Mass. Indus. Acc. Bd., Jan. 10, 1913, in answer to an inquiry. Minnesota burial, which shall not exceed two hundred dollars. Part II, § 8. MICHIGAN "Part II, § 4. During the first three weeks after the injury the employer shall furnish, or cause to be furnished, reasonable medical and hospital services and medicines when they are needed." Where serious results did not develop until more than eight weeks after the injury, it was held that the provisions of the statute requiring medical attention the "first three weeks after the injury" must be construed to mean the first three weeks after the beginning of the actual disability resulting from the injury, as the word "injury" as used in the statute meant such injury as produced disability. Harry Hart v. Majestic Servself, Michigan Industrial Board, Feb, 1913. See similar ruling under the California Act under the title "California" in this Chapter. MINNESOTA "Part II, § 18. Medical, surgical and hospital service. Such medical and surgical treatment, medicine, medical and surgical supplies, crutches and apparatus as may be reasonably required at the time of the injury and thereafter during the disability, but not exceeding ninety (90) days, to cure and relieve from the effects of the injury, the same to be provided by the employer and in case of his inability or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the employé in providing the same; provided, however, that the total liability under this section shall not exceed the sum of one hundred dollars ($100.00) in value; except that the court may, during said period of ninety (90) days, upon necessity being shown therefor, require the employer to furnish such additional medical, surgical and hospital treatment and supplies as may be reasonable, which, together with any such sums or relief there New Jersey tofore furnished shall not exceed in all two hundred dollars ($200,00) in value." NEBRASKA "Part II, § 20. Medical aid. During the first twenty-one days after disability begins the employer shall be liable for reasonable medical and hospital services and medicines as and when needed, not however to exceed two hundred dollars in value, unless the employé refuses to allow them to be furnished by the employer; provided, however, that where the injured employé refuses or neglects to avail himself of such medical or surgical treatment, the employer shall not be liable for any aggravation of such injury due to said neglect or refusal." NEW HAMPSHIRE In case of death without leaving dependents medical attendance and funeral expenses not to exceed one hundred dollars. §6 (1) (c). NEW JERSEY "§ 14. Medical and hospital services first two weeks. During the first two weeks after the injury the employer shall furnish reasonable medical and hospital services and medicines, as and when needed, not to exceed fifty dollars1 in value, unless the employé refuses to allow them to be furnished by the employer. As am'd by L. 1913, c. 174, effective April 1, 1913." Expenses of the last sickness and burial not exceeding one hundred dollars where the injury causes death and there are no dependents, must be paid by the employer. § II, subd. 12 (2). Where an employé lost the sight of his eye by reason of an accident which arose out of and in the course of his employment and the employer expended more than the statu 1 Previous to the amendment in 1913, the amount allowed was $100. |