Goodyear Service Store v. Industrial Commission

444 P.2d 119, 21 Utah 2d 249, 1968 Utah LEXIS 632
CourtUtah Supreme Court
DecidedJuly 31, 1968
DocketNo. 10859
StatusPublished

This text of 444 P.2d 119 (Goodyear Service Store v. Industrial Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodyear Service Store v. Industrial Commission, 444 P.2d 119, 21 Utah 2d 249, 1968 Utah LEXIS 632 (Utah 1968).

Opinion

ANDERSON, District Judge:

Glenn M. Dowdle was injured repairing a tire and in this case made claim for loss of vision due to an injury to the eye muscles causing double vision. After much correspondence and many hearings and examinations, the Commission awarded him a full award for loss of vision of one eye. The plaintiffs appeal.

On July 25, 1960, while defendant Dow-dle was working at the Goodyear Service Store filling a tire with air it exploded causing fractures in his hands and injury to his kneecap. No evidence of injury to his eyes was observed at first. Later Mr. Dowdle asked for a hearing and asserted that air pressure in the original accident caused injuries to his eyes resulting in double vision.

The Commission appointed a medical panel to evaluate his claim. On November 20, 1964, the panel reported that its unanimous conclusion was that there was no evidence to substantiate the claim that the accident had caused the claimed double vision. A hearing was held on March 8, 1965, where the defendant was examined by Dr. Smith. Based on Mr. Dowdle’s description of “before and after” he observed that it was realistic to presume this accident did have relationship to his eye condition. September 7, 1965, the medical panel filed a report in which it agreed that it was “very likely” that the injury had been caused by the accident. They then said further:

* * * Mr. Dowdle had suffered a visual disturbance which represents a 100 percent loss of motility efficiency in [251]*251one eye. [Motility being the ability of the eye to move.]
On the basis of the binocular visual efficiency calculations this gives us a 100 percent efficiency loss of one eye with the other eye remaining normal. This represents a binocular visual efficiency loss of 25 percent.

At the March 8th hearing, Mr. Dowdle’s suggestion that the panel examine him directly resulted in Drs. Richard W. Sonn-tag, Rowland H. Merrill and Homer Smith examining him and filing the report referred to above. Objections to the report were made and a further hearing therefore held on January 10, 1966. At this hearing a discussion developed on the prospects of improving his condition by surgery. Dr. Homer Smith was requested to perform it and the matter of final consideration of the loss of vision awaited the outcome.

■ Notwithstanding the continuance the Commission entered its order on February 25, 1966, awarding Mr. Dowdle for loss of binocular visual efficiency one-half of the amount allowed by statute for total blindness in one eye. Because the outcome of Dr. Smith’s surgery was not known at the time, plaintiffs objected to that order and reminded the Commission the hearing had been continued pending Dr. Smith’s report of the result.

' Dr. Smith reported to the Commission on July 18, 1966, that the operation had been performed with good result. He stated that with the use of glasses Mr. Dowdle had satisfactory vision in all fields of gaze, but that without them double vision continued with the same deficiency he had stated before, to-wit:

But without his glasses he has the visual efficiency loss of one eye. Without his glasses, this would then represent a 25 percent loss of binocular visual efficiency, with 100 percent visual efficiency loss of one eye.

The plaintiffs herein objected to Dr. Smith’s evaluation and requested that he appear before the medical panel for examination. The Commission appointed Drs. Rowland H. Merrill, Charles Ruggeri, Jr., and Richard R. Sonntag as a panel to investigate, make findings and report. On October 20, 1966, this panel signed a report which included the following findings:

1. The applicant was examined by a member of the panel.
2. Surgery has been accomplished in an effort to make his visual mechanism more tolerable.
3. The patient has diplopia in all cardinal meridians of gaze.
4. On the basis of these findings according to A. M. A. standards this represents the equivalent of the total loss of one eye.
[252]*252S. The opinion of the panel substantiates the A. M. A. conclusion that one eye is lost to normal function.

Subsequent to the filing of the report, on February 10, 1967, the Commission entered its order awarding defendant 100 weeks, or $4,200; the total amount allowed by law for total blindness of one eye.

The plaintiffs seek a reversal of the award of the Commission to Mr. Dowdle which was based on the finding he had sustained a total loss of vision in one eye. They claim that the Commission did not correctly evaluate defendant’s eye condition and disability in its order of February 10, 1967. Particularly, they take issue with that part of the Commission’s order that states:

The panel reports and Dr. Smith’s testimony, as well as the testimony of Dr. Sonntag, must be rejected so far as 25 percent loss of binocular vision is concerned. The Supreme Court of Utah has held that total loss of vision of one eye entitles the injured employee to compensation for 100 weeks and binocular vision in that situation does not apply.

Plaintiffs strongly urge that the Supreme Court has not held as asserted by the Commission’s order, and that the fact of the matter is that the undisputed evidence -in this case is that Mr. Dowdle did not suffer “total blindness of one eye” within the meaning of the statute, 35-1-66, Utah Code Annotated, 1953, under which' the award was made. Rather, plaintiffs claim that the uncontroverted evidence is that each of Mr. Dowdle’s eyes, considered alone, had substantial vision, and that only when they work together as a visual system is the effect of the injury manifest. Consequently, they claim the binocular vision standard should apply. By this standard the loss to the total visual system, according to the evidence, would be 25 percent. Plaintiffs ask that the Commission be required to consider this evidence in determining the damages Mr. Dowdle has suffered.

The defendants respond that the primary issue is whether or not the award of the Commission was based upon substantial and competent evidence. As to this, they assert, the Commission’s finding of the loss of vision of one eye is consistent with the finding of the medical panel on October 20, 1966. They found:

5. The opinion of the panel substantiates the A. M. A. conclusion that one eye is lost to normal function.

Plaintiffs appear to sense in the comments of Commissioner Wiesley an Achilles heel when he speaks of the Supreme Court having:

* * * on three or four occasions interpreted the law. And because the law provides one-hundred weeks for a total loss of vision in one eye, we may not use the binocular vision [standard].

[253]*253It is then asserted that there are no such cases, with which proposition the defendants agree. It is argued that the Industrial Commission wrongly thought it could not in any event consider a binocular medical disability rating with respect to visual impairment.

It is true there appear to be no cases negating the use of such a standard. But, what appears to be overlooked is the fact that the Commission, according to the testimony of Dr.

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Bluebook (online)
444 P.2d 119, 21 Utah 2d 249, 1968 Utah LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodyear-service-store-v-industrial-commission-utah-1968.