Belshe v. Industrial Commission

404 P.2d 91, 98 Ariz. 297, 1965 Ariz. LEXIS 279
CourtArizona Supreme Court
DecidedJuly 16, 1965
Docket8245
StatusPublished
Cited by11 cases

This text of 404 P.2d 91 (Belshe v. Industrial Commission) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belshe v. Industrial Commission, 404 P.2d 91, 98 Ariz. 297, 1965 Ariz. LEXIS 279 (Ark. 1965).

Opinion

UDALL, Justice.

This appeal by certiorari is from a decision upon a motion for rehearing of an order affirming findings and award entered by the Commission on January 20, 1964, denying compensation for the loss of sight of the right eye of petitioner.

Murray Belshe will be referred to hereinafter as “petitioner”, the defendant-employers as “respondents”, and the Industrial Commission as the “Commission”.

The facts are that on October 30, 1962, while the petitioner was employed by respondents at Payson, Arizona, petitioner struck the front part of his head, about two inches over his right eye, on a 2 x 4 scaffolding. The force of the blow knocked him down. Immediately thereafter a size-able lump appeared upon the forehead of petitioner at the place where the injury occurred. The accident was reported to respondents’ foreman immediately after it happened and it was observed by one Douglas Powell, a fellow employee. Immediately thereafter petitioner experienced a severe headache, which he claims was caused by the accident. Petitioner continued to work at his employment until the evening of November 2, 1962.

Petitioner returned to his home on November 3, 1962, and when he awoke on the morning of November 4 he was nearly blind in both eyes. For several days after the accident he had a severe headache in the area where his head struck the scaffolding. The testimony shows that from November 4th the sight of the left eye began to improve, and in the course of four or five days thereafter the vision of his left eye was restored to normal.

Thereafter petitioner filed a claim with the Commission and in due course the Commission made findings and award that petitioner’s loss of vision in his right eye was noncompensable. Thereupon petitioner filed his notice of protest of award and made application for a rehearing. On November IS, 1963 a formal hearing was held and on November 22, 1963 the referee made his report affirming the findings and award of April 3, 1963. Objections to the referee’s report were filed and the matter was submitted for review and decision. Again the Commission affirmed the previous award of April 2, 1963 denying peti- . tioner compensation for the loss of his right eye.

It is the contention of petitioner that the evidence submitted by the petitioner at the hearing on November IS, 1963 showed that the loss of the sight of petitioner’s right eye was the result of the injury sustained on October 30, 1962 during the regular course of petitioner’s employment.

*299 The evidence is uncontradicted that on October 30, 1962, petitioner- — -while in the course of his employment — sustained an injury to his forehead as heretofore recited. It is also uncontradicted that immediately after the injury the petitioner suffered severe headaches which continued for several days thereafter. The petitioner testified that he had never had this type of headache before. The evidence also shows that on the morning of the 4th of November when petitioner awoke he found that he was nearly blind in both eyes; that some five days later the petitioner regained the sight of his left eye.

The principal and only question to be determined in the case is whether petitioner lost the sight of his right eye as a result of the injury, or whether the loss of his vision was caused by hardening of the arteries or a thrombosis which brought about an occlusion of the central retinal artery of petitioner’s right eye.

Respondents and the Commission contend that loss of the vision of petitioner’s right eye was caused by hardening of the arteries. To substantiate their contention, Dr. Harry J. French, an ophthalmologist who examined the petitioner on February 2, 1963, testified that in his opinion there was a “thrombosis of the central retinal artery” or “occlusion of the central retinal artery..” “Both eyes exhibited a certain amount of attenuation.” This is consistent with what is called hardening of the arteries or arterio-sclerosis. He did not attribute the bump as having caused all these profound changes in the eye. He testified “there is no possible way for a blow or trauma to produce such extensive damage in the eye.” The only conclusion he could arrive at was that “indigenous or metabolic changes within his own system could produce such profound and extensive changes.”

Dr. French also testified that the metabolic changes could have been caused by “high cholesterol, heredity, toxic poison in the system.” He admitted that he made no tests to determine if there was high cholesterol in the petitioner’s system, nor did he make any tests or inquiry to determine if petitioner had any toxic poison in his system at the time of the injury. Likewise, he did not make inquiry of petitioner to determine if heredity could have been a cause that brought about damage to the eye at the time of the alleged injury.

The following questions were propounded to the doctor and answers made:

“Q He did tell you that since the injury he sustained until he lost the sight of his eye he was suffering continuously from headaches all that time, isn’t that true ?
“A Yes, I think he did but I don’t see how the loss of vision of the eye could produce headaches. ******
*300 “Q You mention as part of the pathology he had exotropia?
“A Yes.
“Q How long does this generally take to produce?
“A Usually from two to three months, to show itself. He also had optic atrophy which takes two to three months to show up.
“Q If a man was subjected to the type of trauma that Mr. Belshe suffered, could this exotrophia develop any quicker?
“A No, the exothrophia was because he had no vision, and trauma played no part, in my opinion.
“Q I believe in the comments you stated you found this optic atrophy was either a postoptic neuritis or the result of a vascular accident ?
“A Yes, thrombosis of the central retinal artery.
* * * * * *
“Q You say it takes two or three months for this exotropia to present itself and also two or three months for this optic atrophy to present itself?
“A Yes.
“Q Your examination was on February 2, 1963, over three months after the injury had occurred. Isn’t it possible that this injury had occurred and during the two or three months that the eye had turned out and the atrophy had presented itself and your examination was over three months after the date of the accident, isn’t it possible this could have happened during the time before you examined him?
“A I will answer it this way: I can’t . say that the accident was or there was enough changes within the eye, nontraumatic, to produce optic changes. I can’t give an affirmative answer.
“Q I am just a layman, Doctor, and let me ask you this way, if I may: Assuming there was an occlusion of this eye causing the sight to leave the right eye, that would cause disuse?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hackworth v. INDUSTRIAL COM'N OF ARIZONA
275 P.3d 638 (Court of Appeals of Arizona, 2012)
Harbor Insurance Company v. Industrial Commission
545 P.2d 458 (Court of Appeals of Arizona, 1976)
State Compensation Fund v. Industrial Commission
535 P.2d 623 (Court of Appeals of Arizona, 1975)
Benavides v. Industrial Commission
508 P.2d 354 (Court of Appeals of Arizona, 1973)
Mengel v. Industrial Commission
504 P.2d 72 (Court of Appeals of Arizona, 1972)
Continental Casualty Co. v. Industrial Commission
489 P.2d 1267 (Court of Appeals of Arizona, 1971)
O'Neal v. Industrial Commission
485 P.2d 1 (Court of Appeals of Arizona, 1971)
Beougher v. Industrial Commission
472 P.2d 80 (Court of Appeals of Arizona, 1970)
Norris v. Industrial Commission
461 P.2d 694 (Court of Appeals of Arizona, 1969)
Smith v. Martin Marietta Corporation
406 P.2d 746 (Court of Appeals of Arizona, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
404 P.2d 91, 98 Ariz. 297, 1965 Ariz. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belshe-v-industrial-commission-ariz-1965.