Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-06-24
Nebraska
MEDICAL AID FOR EMPLOYE
Labor Commissioner COffey Makes
Ruling on Compensation Law
in This Respect.
BOTH HAVE SOMETHING TO SAY
(From a staff correspondent

tFrom a Staff Correspondent
LINCOLN, June %. - Especially 80 The
Dempster Mil company Of Beatrice has
asked Labor Commissioner Frank Coffey
to make ruling as to who has the right
to employ a doctor in case of injury. the
employer or the employe. The question
is asked:
II we offer to send a man to first
class hospital and give a first-class doc
tor and he refuses to accept this doctor
and this hospital and besides to hire a
we wish him to have, are we responsible
for his hospital and doctor bills, and Is
he entitled to compensation while he is
off?
Section 1861 of the statutes provides that
the employer shall be liable for reason
atle medical and hospital services and
medicines as when needed, not, however,
TO exceed $500 in value, during the first
twenty-one days after the injury. This
same section contains a modifying clause
which provides that n the employee re
fuses or neglects' to avail himself of
such medical or hospital services the en-
ployer shalt not be liable for any agra
walton of such injury due to said refusal
or neglect
Right of Employer.
Section 1915 provides that the employer
may request or demand that the injured
employee submit to an examination during
the term of his Interpretation, and the
employer may have a doctor of his own
selection make the examination, tho en-
ployer to pay the expense. The injured
employe may have present at the ex-
animation a doctor of his own selection
and at his own expense. II the employee
refuses to grant such an examination
the injured employee shall be denied COM
pensation during such refusal.
The modifying clause in Section 1861
and the provisions OF Section 1915, says
the labor commissioner. seem clearly to
anticipate that the doctor in the first
Instance will not be the selection of the
employer in every case. else there would
be no need of these provisions.
Theory of the Laws.
The theory upon which compensation
laws are enacted Is that when the con-
tract of employment is entered into that
there shall also be an agreement as to
how much money and hospital and med
ical services the injured employe shall
be entitled In case OF personal injury,
or, IL an injury resulting in death, how
much money the dependents of the in
jured employee shall receive.
1t seems clearly to have been the in
| tent of the Legislature, and fair in
| depreciation of the law, that the injured
employee shall receive medical and hos
pital services and medicines during the
first twenty-one days after the injury
not to exceed 500 In amount, for which
the employer must pay. or course, these
services should be reasonable and proper
and II the employer or the injured EN-
ploye is dissatisfied with the selection in
the first instance either may request OF
demand an examination by a doctor OF
their own selection.
| Intent of Legislature.
As we interpret the intent of the
legislature as written into the compen.
| sation law, the right of selection OF the
medical and hospital services and medi-
cines in the first instance does not rest
solely with the employer.
II the employe suffer an injury fol
which there is no specific number o.
weeks for which he shall be compensated
set forth in the law. then he would re-
ceive compensation during the period OF
his Interpretation as certified by the
attending physician. unless It should ap.
pear upon an examination of a physi
clan selected by the employer that tbs
attending physician was in error.