Caldwell v. Vestal

This workmen’s compensation case involves an employer’s liability for the expense of a surgical operation performed upon an injured employee. The operation was a success, and we know now that it was necessary; but it was performed by a surgeon engaged by the employee against the wishes of the insurance carrier and at a time when the physician selected by the insurer thought surgery to be inadvisable. The commission’s refusal to charge the employer with the expense of the operation was upheld by the circuit court.

There is no dispute in the material facts. Caldwell, the claimant, suffered a…