Jenkins v. Industrial Commission

272 P.2d 601, 77 Ariz. 377, 1954 Ariz. LEXIS 229
CourtArizona Supreme Court
DecidedJuly 12, 1954
DocketNo. 5872
StatusPublished
Cited by4 cases

This text of 272 P.2d 601 (Jenkins 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
Jenkins v. Industrial Commission, 272 P.2d 601, 77 Ariz. 377, 1954 Ariz. LEXIS 229 (Ark. 1954).

Opinions

PHELPS, Chief Justice.

On May 9, 1951, petitioner was employed by Firestone Tire & Rubber Company in Tucson. While handling an automobile battery on that date it exploded causing petitioner to suddenly jerk his head back from the explosion. He threw his hands up pressing them against his glasses, bending the frames. Some acid was thrown in his face but no injury was caused thereby. No solid particles struck him. There were no immediate symptoms as a result of the accident. Two weeks later petitioner noticed flashes or streaks of light in the left half of the visual field of the right eye along with a film or veil over that eye. About a week later petitioner called upont Dr. Bernfeld who, after an examination,, placed him in the hospital and operated upon the eye for the purpose of attempting-to correct a separation of the retina. The-operation was unsuccessful. He completely-lost his vision in the right eye. He applied to the Industrial Commission of Arizona for compensation and was later awarded, compensation therefor. This award became: final and is not now in question. The employer was carrying Workmen’s Compensation Insurance with the state compensation-, fund.

During the early part of July, 1951, while-petitioner was confined in bed at home under the instructions of Dr. Bernfeld preparatory for a cataract operation upon the-left eye, he began to see flashes of light in. the left eye of the same character as he-had experienced in the right eye. These-flashes of light continued to appear in front of the left eye after the operation. On: September 6, 1951, petitioner called upon-. Drs. Irvine, Irvine and Irvine, eye specialists in Los Angeles and was examined by each of them. Dr. A. Ray Irvine, Jr., wrote a letter to the commission on October 10,. 1951, concerning this examination in which: he stated:

“A cataract operation was performed on the left eye in July, 1950. Recently the patient has been bothered by increase in ‘floaters’ and flashes of light, and he fears possible detachment of tile-retina in this eye.
[379]*379“Examination of this left eye shows -vision correctively to 20/30 with + 8.50 —2.00 x 20, and he is able to read 4 point type with a + 3.00 add. The eye is white and quiet. There is no evidence of inflammation in the anterior chamber. An operative coloboma of the iris is present. The pupillary edge is adhered to lens remnants preventing dilation of the pupil. There is a central hole in the pupillary membrane, through which vitreous is streaming into the anterior chamber. Ophthalmoscopically, the nerve appears normal. There is a layer of vitreous dust overlying the macula. There are many vitreous floaters, all of which give a slight haze to the retinal picture. The periphery above seemed normal, there being no evidence of detachment. The lower periphery of the fundus was invisible because of the contracted pupil, but I could study the fundus as far out as the equator and found no evidence of detachment. A copy of the visual fields are included.
“Impression: The right eye is hopelessly blind. I do not believe there is detachment in the left eye, but the patient should be observed at regular intervals and fields taken to help diagnose beginning detachment as visualization of the fundus is limited. In the event of detachment in the lower field I would not hisitate to cut the spincter of the iris at 6 o’clock to facilitate observation of the fundus prior to attempting surgery for correction of the detachment. I believe a detachment may well occur within the next ten years, and in such an event the prognosis for vision is poor.”
* * * * * *
“ ‘History: The patient, a 51 year old white mechanic, has been near sighed for as long as he can remember. An extra capsular cataract extraction was performed upon the right eye five years ago. Post operatively he experienced irritation, redness and pain for some time suggesting that vitreous may have been lost. On May 9th, 1951, while at work a battery exploded with sufficient force to bend his glasses against his brow. Two days later he noticed a veil over the right eye, and on June 4th a “curtain” appeared in his visual field extending obliquely from 1 to 4 o’clock. A week later a retinal reattachment operation was performed by Dr. Bernfeld. There was no improvement in his visual field postoperatively.- An extra capsular extraction was performed on the left eye July 9th, 1950 (should be 1951).
“ ‘Mr. Jenkins was concerned about the presence of light flashes in the upper field. He also complained of a constant field defect above in the left eye since his cataract extraction.”
* * * * * *
“ ‘* * * The corrected vision in the left eye was 20/30. He was able to [380]*380read Well’s 4 point type. The tension was normal. Capsular remnants were seen behind each iris pillar. The tip of each iris pillar was adherent to the vitreous face. There were heavuy vitreous strands with some extension into the anterior chamber, but I was (not) able to see any adhesion to the cornea in the - left eye. Although fine and coarse vitreous opacities obscured the posterior segment somewhat, I was unable to note any evidence of retinal detachment: Enclosed is a copy of the perimetric field. It coincides with the configuration of the capsular remnants in the pupil inferiorly, and is, I believe, explained by them.
“ ‘The patient returned to see Dr. Rodman Irvine and Dr. Wendell Irvine. The former elicited a history of light flashes in the upper field of the left eye. Dr. Wendell Irvine 'also noted a peripheral area of degeneration from '5 to 7 o’clock. I felt that there was a dense vitreous veil from 3 to 4 o’clock and some greyish white plaques at the retina in the two meridian in the mid periphery. Dr. Rodman Irvine took a field on the tangent screen and is sending you a report of his findings and recommendations. As far as I am concerned, the right eye is beyond repair. I do not see any evidence of retinal detachment in the left eye but feel that .the patient should be observed closely .for the .onset, of-such a catastrophe.’”

Later, to wit, on June 29, 1953, the deposition of Dr. A. Ray Irvine, Jr., was taken, under oath in which he stated insofar as-here material: “Symptoms of patient (on. September 6, 1951) were suggestive of but not pathognomonic (apparently meaning-not decisive) of retinal separation.” He also stated that symptoms reported by petitioner to him of limitations of his field of vision at that time were indicative of beginning of a detachment of the retina;: that although he then found no evidence of detachment that did not mean that detachment had not begun and that a detachment, might occur at any time; that on January 8, 1952, he again examined petitioner and. found vision in the left eye reduced to light perception and stated that it was probably-caused by the explosion.

According to petitioner’s testimony under-oath at a hearing held before the commission September 10, 1953, within a few days-after petitioner returned from Los Angeles to Phoenix in September, 1951, his vision was reduced to the point that he had to-be led in order to go from place to place, that his only vision was to distinguish between daytime and night. Dr. Stuart Sanger who gave petitioner cortisone at the-suggestion of Dr. Bernfeld beginning October 1, 1951, estimated petitioner’s percentage' of loss of vision in the left eye at. that time at 75 per cent.

Drs.

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Bluebook (online)
272 P.2d 601, 77 Ariz. 377, 1954 Ariz. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-industrial-commission-ariz-1954.