Opinion
43611.
ARGUED MAY 7, 1968.
DECIDED JUNE 12, 1968.
Workmen's compensation. Fulton Superior Court. Before Judge Holt.
George George, William V. George, for appellant.
King Spalding, R. William Ide, III, for appellee.
Whether an emergency on account of the employer's failure to provide medical or other care exists is a question of fact to be determined by the State Board of Workmen's Compensation.
ARGUED MAY 7, 1968 — DECIDED JUNE 12, 1968.
This is an appeal from an order of the superior court affirming an award of the State Board of Workmen's Compensation denying claimant's application for the payment of medical expenses for services rendered by Dr. Joseph S. Wilson and Dr. Albert Rayle. The board's decision with regard to change in condition was not appealed from.
Claimant sustained an accidental injury (broken ribs) in the course of his employment on October 26, 1965, and was hospitalized from October 26 to November 2 at South Fulton Hospital, where he was treated by Dr. Thomas Guffin. On November 2, Dr. Guffin discharged him from the hospital to return to work the next day and released him to the care of the employer's medical department.
The claimant testified in part that the next day, November 3, 1965, he was in extreme pain and went to the employer's first aid department where he was seen by a doctor; he told the doctor he was "having trouble, having gas pains terrific, wake up, and couldn't sleep"; the doctor told him that "it all goes along with internal injuries like that"; the doctor released him to go back to work; that the safety director talked to his foreman about the type of work he was to do; he told his foreman he would be at work the next day if he were able; he went home and his condition got worse; the next morning he called his lawyer and asked him "what I could do about getting a doctor, I had no doctor, no family doctor and I wasn't satisfied with Doctor Guffin's treatment"; he went to see Dr. Joseph Wilson on November 8, 1965; that Dr. Wilson referred him to Dr. Albert Rayle for x-rays; that Dr. Wilson released him to return to work on November 16, 1965; that he returned to work on that date and has not missed any time from work since then.
Dr. Wilson testified in part that when he saw the claimant on November 8, 1965, he was not in an emergency condition; that he considered an emergency condition to be a situation that "won't wait for a few hours"; that the claimant was hurting and needed attention; that the claimant could have waited a week for treatment, but he thought it was urgent that he be seen as soon as possible; that he treated the claimant and prescribed antispasmodic and antacid tablets for him; that he released the claimant to return to work on November 16, 1965.
The evidence further revealed that claimant's attorney requested counsel for the employer to furnish claimant with further medical attention; that an appointment was made for the claimant with the Atlanta Orthopedic Clinic for November 23, 1965, but claimant's counsel was not notified of this until November 12, 1965.
The record shows that the claimant never requested that the employer furnish him with any treatment on the morning of November 4, 1965, the day he testified he was not able to go to work. In regard to his actions on that date the claimant testified in part: "Q. Why didn't you call Mr. — Mr. Anderson, why did you not call the doctor when you were hurting on the morning of the 4th? A. I was stating, I was dissatisfied when he ordered me back to the plant to work, I was not able to work, I was dissatisfied with the treatment I was getting. The Director: Who did you tell that to? The Witness: Told Doctor Guffin himself, he asked me why didn't I call him back and I said I was dissatisfied with the treatment I was getting. The Director: Who did you tell at General Motors you were dissatisfied? The Witness: I didn't feel — I didn't tell any of them."
Mr. Baumgartner, the employer's safety director, testified in regard to the claimant's statements to him on November 3, 1965, as follows: "Q. Did he also tell you that he was having considerable discomfort, pain? A. He — all Mr. Anderson told me was that he was ready to come back to light work. Q. He didn't tell you he was experiencing difficulty, pain? A. He said he was having some pain; yes. Q. He did. Had — did you at that time offer him any medical attention? A. No, sir, he didn't ask for any."
There was no evidence that the claimant ever requested the State Board of Workmen's Compensation to authorize a change in physicians.
Code Ann. § 114-501 (Ga. L. 1937, pp. 230, 233, as last amended, Ga. L. 1963, pp. 141, 153) provides in part: "If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service, within the limits of time and amount set forth above, shall be paid by the employer if so ordered by the State Board of Workmen's Compensation." Whether there is an emergency and whether the employer failed to provide medical care for the claimant is a question of fact to be resolved by the State Board of Workmen's Compensation. Owensby v. Riegel Textile Corp., 104 Ga. App. 800 ( 123 S.E.2d 147).
In the case sub judice the board made the following finding of fact: "There was no emergency that required immediate attention of the claimant in this case. In fact, the claimant waited from November 3rd to November 8th, 1965, to go to a doctor of his choice, Dr. Joseph S. Wilson, and from the deposition of Dr. Wilson, it is apparent that nowhere did an emergency exist, but that the claimant needed only additional medical attention to eliminate the pain in his chest, which obviously could have been attended to by Dr. Guffin and Dr. Braswell if proper request had been made of them to render this service."
There was some evidence to support the board's finding and it is therefore conclusive upon this court. Code § 114-710.
Judgment affirmed. Bell, P. J., and Hall, J., concur.