Hollman v. City of Raleigh, Public Utilities Dept., 528

• Decision Date: 20 March 1968
• Docket Number: No. 528,528
• Parties: Henry HOLLMAN, Jr., Employee v. CITY OF RALEIGH, PUBLIC UTILITIES DEPARTMENT, Employer, Self-Insurer, Carrier.
• Court: North Carolina Supreme Court

Page 874

159 S.E.2d 874

273 N.C. 240

Henry HOLLMAN, Jr., Employee v. CITY OF RALEIGH, PUBLIC UTILITIES DEPARTMENT, Employer Self-Insurer, Carrier.

No. 528.

Supreme Court of North Carolina.

March 20, 1968.

Paul F. Smith and Donald L. Smith, Raleigh, for defendant appellant.

F. J. Carnage and George E. Brown, by F. J. Carnage, Raleigh, for plaintiff appellee.

PARKER, Chief Justice.

Defendant assigns as error the Commissioner's finding of fact, which was affirmed by the Full Commission as well as the lower court judge, 'that Dr. Thornhill was of the opinion that astigmatism or nearsightedness was caused by the electric shock that the plaintiff received on September 21, 1962.' This assignment of error presents this question for decision: Were the stipulations and the evidence, viewed in the light most favorable to plaintiff, sufficient to support the challenged finding of fact? If so, this Court is bound by them, for it has long been settled that in a Workmen's Compensation case the findings of fact by the Industrial Commission, which are nonjurisdictional, are conclusive on appeal when supported by competent evidence, even though there is evidence that would have supported findings to the contrary. Maurer v. Salem Co., 266 N.C. 381, 146 S.E.2d 432; Askew v. Leonard Tire Co., 264 N.C. 168, 141 S.E.2d 280; Huffman v. Douglas Aircraft Co., 260 N.C. 308, 132 S.E.2d 614, cert. den. 379 U.S. 850, 85 S.Ct. 93, 13 L.Ed.2d 53, reh. den. 379 U.S. 925, 85 S.Ct. 279, 13 L.Ed.2d 338; Tucker v. Lowdermilk, 233 N.C. 185, 63 S.E.2d 109.

At the beginning of the trial the parties stipulated as follows: 'That the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant, employer, on September 21, 1962, when he came in contact with a high voltage wire and sustained electric shock.'

At the first hearing before Chairman Bean, there were three witnesses for claimant: Claimant himself, Roland Boyd, and Dr. James Robert Ballew. At the second hearing before Chairman Bean, Dr. George T. Thornhill, an admitted medical expert 'specializing in eye, ear, nose and throat diseases,' testified in substance, except when quoted, on direct examination as follows: He first saw claimant on 31 October 1962, and claimant told him that he had been in an accident in which he was struck by a high voltage wire and knocked out. He examined him with reference to his eyes, and his examination disclosed that his vision was 20/200 in each eye without correction; i.e., without glasses. The examination was performed with a minus 275, which is a correction for nearsightedness, and this brought his vision to 20/20 for both eyes. This is considered average or normal vision. A further examination revealed that the back of his iris, his retina, was normal. A slit lamp examination, which involves the shining of a light through the lens of the eye, revealed no signs of cataracts. Claimant was given a prescription and told to return in one month for another check. On 6 December 1962 claimant was given a prescription for glasses. Dr. Thornhill examined him again on 12 December 1962, and at that time his vision with glasses was 20/20. In his opinion, claimant will have to continue to wear glasses in order to have a vision of 20/20. Dr. Thornhill testified: 'My opinion is that his condition was due to the shock or accident that he had. I have two reasons for believing this. I think that electric shock can alter the lens in the eye to cause some swelling which will cause nearsightedness. The other reason I think is from looking back, that a man with 20/200 vision would have sought help before this. I don't think he could have gotten around too well. In other words, if he had gone to a movie, I don't think he could have seen too much and had he gone to see sports, he couldn't have seen it, and to my understanding, he had not.'

Dr. Thornhill's testimony on direct examination is set forth in one page of the record. His cross-examination by defendant is set forth in nine pages of the record, and the relevant part of it is in substance as follows, except when quoted: His reports of his examination refer to claimant's condition as being myopia in every instance; i.e., nearsighted. After he was given a prescription for glasses on 6 December 1962, there were further examinations on 12 December 1962, 14 January 1963, 4 March 1963, 17 June 1963, 19 December 1963, 27 March 1964, and 9 February 1966. The purpose of the 9 February 1966 visit was to have his eyes rechecked. He found his condition the same as it had been on all previous occasions, still nearsighted. There are many causes of myopia. It can be due to heredity, which is the big cause. It can be caused by anything that would cause the swelling of the lens. Hardening of the lens can also cause it. Trauma can cause myopia if it will cause swelling of the lens. In this particular case, he used electric shock as trauma. Anything that will disturb the continuity of the lens or the metabolism of the lens in his opinion can cause nearsightedness. He testified: 'I have seen many myopia patients but I have never in my experience seen any myopia patients whose myopia came as a result of electric shock. * * * There are a number of standard textbooks on ophthalmology, Duckelder is the Bible you might say. I have never examined duckelder's text to see whether or not he had reported any cases of myopia as a result of electric shock.' He was further asked: 'So the only question is have you ever had personal experience or do you know of any textbooks which might have recorded any experience of electric shock producing myopia?' He replied: 'I have not researched a book to find that.' He testified further on cross-examination: 'This man has stated that his vision was normal before the accident and, in my opinion, a high voltage current going through his body could cause swelling of the lens, resulting in myopia. The swelling of the lens would not be visible on examination. That is the reason I say in my opinion it could cause it. I did tell you over the telephone when I talked to you sometime ago that I gave this as my opinion because I could't exclude this as a possibility. I said in my opinion it could. This was based on a medical judgment, my opinion. It was my opinion that the condition might have been caused by this (electric shock). I will tell you why. When a lens is becoming cataractous, it will develop myopia first or nearsightedness and in my opinion, this could have been a possibility. The shock was not great enough to cause cataracts. It could have caused some swelling of the lens. This is my opinion. I couldn't verify that one way or another. I tell you that here as I told you on the telephone. I can't say whether this is a likelihood or not. This is a rare instance. In my opinion, I wouldn't say it would be a likelihood. I think it would have to be researched and tested on animals in some way before you could say. This is the first case of this kind that I have ever seen that didn't go on to cataracts. * * * In all these cases there was myopia before the cataracts. The time for a cataract to form will vary. It can take years to form. * * * This is the reason we prefer to wait to see if the cataracts would form. Notice I said return in one month. That was the very first visit. That has been three years ago. I expected the cataracts to form in that period of time. I have found no indication of a cataract now. I did examine him as late as January or February of 1966 and this accident occurred in 1962. In my opinion, I don't think he is going to develop cataracts. There again is an opinion. I base this opinion on the fact that the condition has remained stationary for this amount of time. * * *' Later on in the cross-examination Dr. Thornhill was asked this question: 'Doctor, I will not ask you any more questions. I will summarize what I think your testimony has been and have you verify, if you will, please, sir--I understand that you are testifying that Henry's eye, myopic condition, could have been caused by the electric shock.' He answered: 'It was my opinion, yes sir.' He was then asked: 'And that is an expression of a reasonable medical opinion?' He replied: 'Yes sir.' He is basing his opinion on what claimant told him and on his own reasonability from what he found. He was of the opinion that he would have sought help before if he had had myopia. He said in his reasoning that the electric shock could have caused some change in the lens. He testified: 'There have been no opacities of the lens. Inflammation is due to traumatic shock or something that would cause a change in the metabolism of the lens, which is the way the lens lives, and that would cause a cataract or opacities. The terms that I used were high voltage current going through his body could cause swelling of the lens and eye, resulting in myopia. And the swelling of the lens in the eye is not a discernible thing that you could observe by examination. * * * Henry said he could see clearly before.' They have not had another case that he knows of. He thinks after he talked to the person who was cross-examining him that he did look through Duckelder and did not see a similar case. Unfortunately, he cannot take another case and do the same thing and say this is absolutely identical. If he could try that, he could prove it maybe. He knows that electric shock can cause damage to the lens. There has not been enough work done on the subject to know that it would necessarily cause cataracts.

These facts are undisputed according to the evidence: Prior to 21 September 1962, and on that date, plaintiff was a well, able-bodied man, who had never worn glasses and had had no trouble with his vision. At the hearing before the Hearing Commissioner, the parties stipulated that claimant sustained an injury by accident arising out of and in the course of his employment with defendant on 21 September 1962 when he...