Cross v. Industrial Commission, 6218
Decision Date | 20 November 1956 |
Docket Number | No. 6218,6218 |
Citation | 81 Ariz. 222,303 P.2d 710 |
Parties | Rufus T. CROSS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona and William E. Rauh, Respondents. |
Court | Arizona Supreme Court |
Silver, Silver & Ettinger, Tucson, for petitioner.
John R. Franks, Phoenix, Donald J. Morgan, Robert K. Park and John F. Mills, Phoenix, of counsel, for respondent Industrial Commission.
Certiorari to the Industrial Commission of Arizona to test the validity of a final award of the commission denying compensation to Rufus T. Cross. Petitioner was employed by respondent William E. Rauh as janitor and dishwasher from September 20, 1954, to October 11, 1954. The evidence indicates that during this period he bumped his head two or three times on a shelf over the sink. According to the employer's testimony, during this period of employment petitioner complained of having a cold in his eye. Upon termination of his services, he went to the hospital at Davis-Monthan Air Base. The doctor in charge of the hospital called in Dr. Sherwood P. Burr, Jr., an eye specialist, who examined petitioner. The commission having initially denied compensation, rehearing was granted at which Dr. Burr was sworn and testified. The initial award was affirmed.
A petition for second rehearing was filed for the purpose of submitting additional medical evidence through Dr. Jack Klein, an eye specialist. This petition was granted and the commission appointed a board of medical examiners consisting of Drs. Paul E. McFarland, John S. Aiello and H. F. French for the purpose of examining petitioner and reporting to the commission. Dr. Klein testified at the second rehearing. The board of examiners filed its report and no request was made for their oral testimony. After hearing the testimony of Dr. Klein and receiving the report of the board of examiners, the commission again affirmed the previous findings and award to the effect that petitioner had a detached retina of the left eye which was not causally related to or contributed to by any alleged personal injury by accident arising out of and in the course of his employment and denied compensation.
The evidence fairly shows that petitioner bumped his head during the course of his employment and that thereafter it was discovered that he was suffering from a detached retina and blindness in his left eye. Whether there is a causal relationship between the accident and the detached retina is a question that must be answered by the expert medical evidence. Petitioner contends that this evidence without contradiction shows that the accident caused or contributed to the detached ratina and the resulting blindness in his left eye and the commission, therefore, is required to allow compensation.
Dr. Burr testified extensively. We believe from reading his entire testimony that he never testified that in his opinion the accident caused or contributed to the injury. His final testimony was as follows:
...
To continue reading
Request your trial-
Revles v. Industrial Commission of Ariz.
...Commission, 90 Utah 266, 61 P.2d 418. Clearly, we cannot require the commission to find a fact on possibilities. Cross v. Industrial Commission, 81 Ariz. 222, 303 P.2d 710.' 81 Ariz. 366, 306 P.2d It is our considered opinion that the facts of this case more nearly resemble those of the Jon......
-
State Compensation Fund v. Industrial Commission, 1
...to reach either conclusion as to causation where the testifying physician spoke in terms of possibilities. Cross v. Industrial Commission of Arizona, 81 Ariz. 222, 303 P.2d 710 (1956), wherein the medical witness testified that causation was attributable to one of three possibilities and th......
-
Aragon v. Industrial Commission
...was equivocal. Helmericks, Jr. v. Airesearch Manufacturing Company, 88 Ariz. 413, 357 P.2d 152 (1960); Cross v. Industrial Commission, 81 Ariz. 222, 303 P.2d 710 (1956). An example of the application of the medical opinion 'stationary' is provided by our Supreme Court in Minton v. Industria......
-
Helmericks v. AiResearch Mfg. Co. of Ariz.
...am of that opinion but I would feel I couldn't say it with great certainty with the previous records.' In Cross v. Industrial Commission, 81 Ariz. 222, 225-226, 303 P.2d 710, 712-713, this Court concluded in similar circumstances, 'We do not feel that under this state of the record, we woul......