What is the liability of an employer for failing to provide medical treatment to an injured employee?

California, United States of America


The following excerpt is from California Union Ins. Co. v. Industrial Acc. Commission, 183 Cal.App.2d 644, 7 Cal.Rptr. 67 (Cal. App. 1960):

The provisions of section 4600 of the Labor Code authorized the commission to make the award sought to be annulled. Said section first provides in part that, '[m]edical, surgical, and hospital treatment, * * * which is reasonably required to cure or relieve from the effects of the injury shall be provided by the employer.' Under this provision, the employer has the primary duty to furnish all medical, surgical and hospital treatment that is reasonably required to cure or relieve from the effects of the injury; and this primary duty imposes a liability from which the employer is not to be relieved except for good cause. Simien v. Industrial Acc. Comm., supra, 138 Cal.App.2d 397, 400, 291 P.2d 951. a further futile notice immediately prior to that, 'In the case of [the employer's] neglect or refusal seasonably to [provide such treatment], the employer is liable for the reasonable expense incurred by * * * the employee in providing treatment.'

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