Ringsby Truck Lines, Inc. v. Industrial Commission
| Decision Date | 23 November 1971 |
| Docket Number | No. 71--105,71--105 |
| Citation | 491 P.2d 106,30 Colo.App. 224 |
| Parties | RINGSBY TRUCK LINES, INC., and Transport Indemnity Company, Petitioners, v. INDUSTRIAL COMMISSION of Colorado and James E. Cargile, Respondents. . I |
| Court | Colorado Court of Appeals |
Wormwood, Wolvington & Dosh, Byron G. Rogers, Jr., Denver, for petitioners.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.
Ashen & Fogel, George T. Ashen, Denver, for respondent James E. Cargile.
In this Workmen's Compensation case the employer and its insuror appeal a final order of the Industrial Commission awarding maximum permanent partial disability benefits to the employee, claimant.
After hearings the referee found that the claimant had an accident which arose out of and in the course of his employment and that he suffered a subdural hematoma as a direct result of the accident. These findings are not contested here. The evidence disclosed that subsequent to the accident the employee suffered loss of vision in his right eye. There was a substantial dispute as to whether the loss of vision resulted from the accident. The referee determined that it did not and awarded no benefits for that disability.
On review the commission concluded that the loss of vision resulted from the injury sustained in the accident and awarded the benefits appealed from. In this appeal the employer and carrier assert there is no evidence supporting the award and that it is based on conjecture and mere possibilities. We disagree and affirm the final order.
The sole issue in dispute is whether there is any causal connection between the accident and the loss of vision in claimant's right eye. The employer asserts the causal connection must be established with reasonable medical probability. This is the standard upon which a medical expert must base his opinion but it is not the standard on which the commission must make its determination. The evidence must establish the causal connection with reasonable probability, but it need not establish it with reasonable 'medical' certainty. Industrial Commission v. Royal Indemnity Co., 124 Colo. 210, 236 P.2d 293. In that case it was held that if the circumstantial evidence established a causal connection the claimant was not obliged to establish it by expert medical testimony.
In the present case, the ophthalmologist on whose testimony the employer...
To continue reading
Request your trial
-
In re Swine Flu Immunization Products, etc.
...295 (1951); O'Connor v. Boulder Colorado Sanitarium Assn., 107 Colo. 290, 111 P.2d 633, 634-35 (1941); Ringsby Truck Lines v. Industrial Commission, 30 Colo.App. 224, 491 P.2d 106 (1971). BURDEN OF PROOF Plaintiff has the burden of proving by a preponderance of the evidence that the swine f......
-
In re Swine Flu Immunization Products Liability
...P.2d 293, 295 (1951); O'Connor v. Boulder Colorado Sanitarium Assn., 111 P.2d 633, 634-35 (Colo.1941); Ringsby Truck Lines v. Industrial Commission, 491 P.2d 106, 30 Colo.App. 224 (1971). Mere conjecture or possibilities will not establish a probability. O'Connor, supra, at VII. BURDEN OF P......
-
Krumback v. Dow Chemical Co.
...Colo. 558, 362 P.2d 565 (1961); Industrial Commission v. Havens, 136 Colo. 111, 314 P.2d 698 (1957); Ringsby Truck Lines v. Industrial Commission, 30 Colo.App. 224, 491 P.2d 106 (1971). Thus, although the phrase "reasonable probability" does not appear in the statute, it is now the standard......
-
Poertner v. Swearingen, 80-1952
...with reasonable probability, but it need not establish it with reasonable 'medical' certainty." Ringsby Truck Lines, Inc. v. Industrial Comm'n, 30 Colo.App. 224, 491 P.2d 106, 107 (1971). Particularly in view of the reference to reasonable medical "certainty" in the preface to Dr. Woods' te......
-
A Review of Medical Issues in Worker's Compensation
...of psychological evidence is satisfactory). 21. CRS § 8-53-115; W. C. Rule VIII E. 22. Ringsby Truck Lines, Inc. v. Industrial Commission, 491 P.2d 106 (Colo.App. 1971); Reynolds v. Holter, 528 P.2d 424 (Colo.App. 1974). 23. City and County of Denver v. Industrial Commission, 682 P.2d 513 (......