Micucci v. Industrial Commission

492 P.2d 23, 16 Ariz. App. 143, 1972 Ariz. App. LEXIS 475
CourtCourt of Appeals of Arizona
DecidedJanuary 5, 1972
DocketNo. 1 CA-IC 603
StatusPublished
Cited by1 cases

This text of 492 P.2d 23 (Micucci v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Micucci v. Industrial Commission, 492 P.2d 23, 16 Ariz. App. 143, 1972 Ariz. App. LEXIS 475 (Ark. Ct. App. 1972).

Opinion

DONOFRIO, Judge.

This is a review by writ of certiorari of the findings and award of The Industrial Commission of Arizona finding that petitioner had no physical or mental disability causally related to his industrial accident. The issue is whether the award is reasonably supported by the evidence.

On April 10, 1967, petitioner, a carpenter, suffered an industrial accident when he fell eight feet off a wall. He suffered injury to his back, both knees and both feet. The claim was duly accepted for benefits.

In May of 1968 petitioner suffered another accident when he fell from a ladder and injured the thoracic area of his back. This accident was treated as an industrial case in claim number BG 19669. As to this injury he was discharged without permanent disability, and this action of the Commissicn is not questioned.

Petitioner has had a rather involved medical history and it would serve no purpose to set it forth in detail, and therefore we state it only generally. He was,.seen, treated and examined by several doctors and during the period involved he returned to different types of less strenuous work. His progress was slow and there was, in the words of one doctor, “the usual marked [144]*144amount of functional overlay.” There is also evidence that petitioner had a preexisting problem not attributable to his industrial accident. He also has gout and a degenerative disc change that was present prior to the accident. Right up to the instant award he continued to have complaints which were significantly disabling to him and rendered him unable to perform his work aá a carpenter.

In analyzing the facts of this case we must bear in mind these well-known principles of law. The evidence must be considered in the light most favorable to the sustaining of the award. Donaldson v. Industrial Commission, 2 Ariz.App. 172, 407 P.2d 111 (1965). The question of disability and its causal relationship to the industrial injury is essentially within the realm of medical knowledge. Fyffe v. Industrial Commission, 10 Ariz.App. 377, 459 P.2d 104 (1969); Bedel v. Industrial Commission, 5 Ariz.App. 470, 428 P.2d 134 (1967). Where the medical testimony touching the problem of causation is impregnated with substantial uncertainty and is susceptible of an interpretation that the doctor is speaking more of possibilities than probabilities, the Commission cannot make a finding of fact based on such testimony. See Helmericks v. Airesearch Manufacturing Co. of Ariz., 88 Ariz. 413, 357 P.2d 152 (1960). It is the latter hereinabove mentioned principle which we believe to be the crucial one in this case. We say this because we are called upon to determine whether any change in the medical opinion of causation from an industrially related cause to some other cause was based upon reasonable medical certainty. We use the term “any change” because we are not sure the doctors are changing their original opinion which was based upon reasonable medical certainty. If. medical evidence regarding causation is based on substantial uncertainty and is in the realm of possibilities rather than probabilities it should not be used by the Commission in determining causation as a fact. Helmericks.

Because of the importance attached to the last consultation report dated November 5, 1969, we set it forth, omitting only the physical examination and reference to X rays which are irrelevant to this discussion :

“Mr. Nunzio V. Micucci was examined today by Drs. T. H. Taber, Jr., Egon V. Johnson, James R. Moore, Joel Fisler and D. J. Potter.
“HISTORY: This patient was last seen in group consultation on 5-28-69, at which time the consultants felt that he should continue on light work but that he was not able to perform full carpentry duties, and it was suggested that a neuropsychiatric consultation might help the patient’s overall rehabilitation and no specific medical treatment was indicated. It was felt that he could be closed in three or four months if no new or additional disability occurred.
“Since that time the patient has been under the care of D. J. Potter, M.D. and T. H. Taber, Jr., M.D. for supportive medical and orthopedic evaluation. A certain amount of functional overlay persisted. The patient was treated with Cortisone injections into his knee and various joints with symptomatic care and counseling and reassurance by his attending orthopedic surgeon. The patient eventually was able to find a light type of work and has been doing this for the past three months.
“On 10-14-69, Dr. Taber felt that the-patient’s condition was becoming essentially stationary with continued multitude of complaints, with no change in symptoms. He recommended a group consultation for any recommendations concerning further treatment or disability rating, if indicated.
“PRESENT COMPLAINTS: The patient states that he continues to have-complaints referable to all areas of involvement, one of the main things that bothers him is pain in his feet and ankles. He has a hard time walking any distance. He has pain in both knees; both hips. [145]*145bother him, varying from side to side, at present the right hip is bothering him more. His back bothers him, he gets pain around to the front into the groin areas. His neck and shoulders bother him. At times he gets a little numbness in his fingers, but in general, his upper extremities do not give him much trouble.
“He states that he takes about 8 Aspirin a day, 2 at a time. He takes Darvon if his pain gets bad enough. He states that he has difficulty in working a full day and only works part time. He is presently employed over the last three months, doing mostly work at bench in painting and artistic type of work. He enjoys the work, but states that it certainly does not compensate him like he was used to with carpentering. He is a bit evasive about whether he is satisfied with the job or not, but states that he is certainly glad to be working and has noticed improvement in his mental outlook since he has been working.
“He states that he does not sleep well, getting up two or three, or four times a night and moving about. At times he has to take Darvon to sleep. He notes that he is easily fatigued and by the end of the day is generally quite sore and uncomfortable.
“PAST HISTORY: The patient has a proven diagnosis of Boeck’s sarcoid established in Pittsburgh. He has no prior history of arthritis or bursitis. He has run a chronic hyperuricemia, controlled by appropriate medication, for a number of years. He had an old injury to his right knee when he was in the service which necessitated a surgical procedure. The knee has been more aggravated since his injury of April, 1967, and is associated with the persistence of his multiple joint complaints.
“COMMENTS: This patient continues to have myriad functional complaints with only very minimal abnormal ob~ j ective findings at times. The consultants can see no indications for any further medical examinations or treatments as re-related to the injury of 4-10-67.

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Related

Micucci v. Industrial Commission
494 P.2d 1324 (Arizona Supreme Court, 1972)

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Bluebook (online)
492 P.2d 23, 16 Ariz. App. 143, 1972 Ariz. App. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/micucci-v-industrial-commission-arizctapp-1972.