Summary
In Baggett Transp. Co. v. Barnes, 113 Ga. App. 58, 61 (1) (147 S.E.2d 372), this court approved the Baggett case by holding unapproved medical payments to be gratuities and citing it as authority. This case would also have to be disapproved and overruled along with Baggett, Mason v. City of Atlanta, 124 Ga. App. 849 (186 S.E.2d 285), and Reliance Ins. Cos. v. Richardson, 137 Ga. App. 678 (224 S.E.2d 812). These cases require no further discussion since they are all based on the Baggett case which the majority seeks to distinguish.
Summary of this case from Sprayberry v. Commercial c. Co.Opinion
41537.
ARGUED SEPTEMBER 14, 1965.
DECIDED JANUARY 31, 1966.
Workmen's compensation. DeKalb Superior Court. Before Judge Hubert.
Mitchell, Clarke, Pate Anderson, William M. Pate, for plaintiff in error.
William V. George, contra.
Payments of compensation and medical expenses without approval of the State Board of Workmen's Compensation were mere gratuities for which no credit could be taken by the employer.
ARGUED SEPTEMBER 14, 1965 — DECIDED JANUARY 31, 1966.
On April 1, 1963, claimant received an award of workmen's compensation reciting: "The employer is not entitled to take credit for any weeks previously paid . . . not approved by the board . . . The employer and self insurer is directed to pay all reasonable medical bills incurred by the claimant as a result of his accidental injury of August 7, 1961, within the limits of the Act." The award did not expressly deny credit for medical expenses previously paid. The award was affirmed upon appeal to the superior court, and the judgment of the superior court was affirmed by this court in Baggett Transportation Co. v. Barnes, 109 Ga. App. 98 ( 135 S.E.2d 343).
Thereafter claimant wished to have an operation performed upon his back, and a controversy arose between claimant and employer concerning the continuance of medical treatment. Claimant contended that under the award of April 1, 1963, employer was liable for further medical treatment up to the total statutory amount of $1,500 ( Code § 114-501) without credit for payment of medical expenses made without approval of the board. Employer contended that even if credit could not be taken for such expenses employer was not liable after 10 weeks from date of injury for further medical expenses exceeding $375, an amount insufficient to cover expenses of the proposed surgical and hospital treatment.
On April 15, 1964, claimant requested a hearing on account of "(1) Controversy existing between parties as to amount of medical remaining and based upon previous award and court decision denying credit for medical paid without agreement or approval of board. (2) Change of physician. (3) Operation desired per attached report of Dr. James T. Green."
The board made an award on February 15, 1965, reciting, "Employer is hereby directed to comply with the decision of the Court of Appeals Baggett Transportation Co. v. Barnes, supra] which does not permit credit for gratuitous payments of compensation and medical expenses and . . . to provide medical expenses not to exceed $1,500." Further, the award authorized a change of physicians and an operation by Dr. James T. Green, and assessed $200 attorney's fees against the employer.
Employer enumerates error on the judgment of the superior court affirming the award of February 15, 1965.
1. The employer now concedes that it is liable for medical expenses not previously paid up to the amount of $1,500, even if incurred after the expiration of 10 weeks from the date of injury. See Federal Ins. Co. v. Spooner, 107 Ga. App. 175, 177 ( 129 S.E.2d 214). However, employer still insists that the board had no authority to deny credit in the award of February 15, 1965, for medical expenses paid without approval of the board.
Code § 114-501 provides: "In case of a controversy arising between the employer and the employee relative to the continuance of medical, surgical, hospital or other treatment, the State Board of Workmen's Compensation may order such further treatments as may in the discretion of the Board be necessary, within the limits of time and amount as set forth above.
"The Board may at any time upon request of an employee order a change of physicians or treatment and designate other treatment or another physician as suggested by the injured employee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance."
"A determination of the amount of credits due could be made by the board under an appropriate application for a hearing on the question, pursuant to the provisions of Code § 114-715. This procedure would in no way have the effect of amending, varying or changing the award, but merely permits the application on the award of that credit which the law permits." Complete Auto Transit. Inc. v. Davis, 106 Ga. App. 369, 371 ( 126 S.E.2d 909). Payments of medical expenses without approval of the board were mere gratuities for which no credit could be taken by the employer. Baggett Transportation Co. v. Barnes, 109 Ga. App. 98, 100 ( 135 S.E.2d 343).
The award of the board, including the assessment of attorney's fees against the employer under Code § 114-712, was authorized.
2. Claimant's motion to assess additional attorney's fees is denied. This court has no authority to assess attorney's fees under Code § 114-712. Dunn v. American Mut. Liab. Ins. Co., 64 Ga. App. 509, 514 ( 13 S.E.2d 902).
Judgment affirmed. Frankum and Hall, JJ., concur.