Cammeron v. Industrial Commission
Decision Date | 23 September 1965 |
Docket Number | No. 8239,8239 |
Citation | 405 P.2d 802,98 Ariz. 366 |
Parties | Fred CAMMERON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, and Liberty Trailer Sales, Inc., Respondents. |
Court | Arizona Supreme Court |
Robert W. Eppstein, Tucson, for petitioner.
Edgar M. Delaney, Phoenix, for respondents.
This is a proceeding to review an award of the Industrial Commission denying compensation. The award denied petitioner compensation for the consequences of an injury which he claimed arose out of an industrial accident.
On March 30, 1962, Fred Cammeron, hereinafter referred to as petitioner, received an injury to his back by accident arising out of and in the course of his employment with Liberty Trailer Sales, Inc., of Phoenix, Arizona. The employer was subject to the workmen's compensation laws of this state and was insured with the State Compensation Fund. Petitioner had received other injuries to his back in 1944, 1948, and 1955. On the day of the injury, petitioner was examined and treated by Dr. Erickson of Phoenix who found a hematoma of the L-4-5 area in the back and a tender left knee. After petitioner failed to respond to medical treatment, he consulted with Doctors Haines and Stele, who determined that petitioner's condition was not stationary and his subjective complaints were much greater than the medical findings. The consultants were of the opinion that a neuropsychiatric examination should be obtained before the disposal of the case.
Thereafter the petitioner, at his request, was transferred to Tucson, Arizona, under the care of Dr. R. E. Hastings. Dr. Hastings reported his medical findings and conclusions to the Commission on July 25, 1962 and August 10, 1962, stating in substance that the petitioner has a 'clear-cut conversion hysteria,' and that there was little evidence of any orthopedic problem. On August 13, 1962, Dr. Lindsay E. Beaton, a neuropsychiatrist, examined the petitioner and concluded: 'The man (petitioner) certainly has a conversion reaction and I think the major part of his disability now is due to the psychoneurotic condition.'
A consultation examination was made on February 8, 1963 by Doctors Beaton, Hastings and Neumann, and their reported findings and conclusions were as follows:
[Emphasis added.]
A Psychiatric Advisory Board consultation examination was made in Phoenix on April 26, 1963 by Doctors Duisberg, Neumann, Gregory and Baker. Their report states, in summary, as follows:
[Emphasis added.]
Dr. Neumann, a member of the Psychiatric Advisory Board, testified at the September 16, 1963 hearing and was asked by the Referee:
Dr. Beaton also testified at the hearing on September 16, 1963, in part, as follows:
Petitioner makes two assignments of error: (1) the Commission erred in not making a finding as to the mental as well as the physical disability of the petitioner; (2) the Commission erred in its decision upon Rehearing and Order Affirming Previous Findings and Award, upon the ground that the finding is not sustained by the evidence in the record and is contrary to law.
This Court has repeatedly held neurosis, causally connected with a physical injury received by an employee arising out of and in the course of his employment, is compensable under the Arizona Workmen's Compensation Act. See Sproul v. Industrial Commission, 91 Ariz. 128, 370 P.2d 279 (1962); Murray v. Industrial Commission, 87 Ariz. 190, 349 P.2d 627 (1960); Harmon v. Industrial Commission, ...
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