Ortiz Candelario v. Industrial Commission

90 P.R. 378
CourtSupreme Court of Puerto Rico
DecidedMay 15, 1964
DocketNo. CI-62-22
StatusPublished

This text of 90 P.R. 378 (Ortiz Candelario v. Industrial Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ortiz Candelario v. Industrial Commission, 90 P.R. 378 (prsupreme 1964).

Opinion

Mr. Justice . Santana Becerra

delivered the opinion of ■ the Court.

Carlos Ortiz Candelario, petitioner herein, has worked as a laborer for Central Aguirre for 33 years, the last 12 as irrigation foreman. In this employment he was in charge of the irrigation of the cane fields, opened and closed the head gates, kept a record of the workers, and customarily carried [381]*381a shovel with a long handle for some cleaning job in the irrigation. On March 21, 1959, which was a Saturday, the cane cutters did not report for work. Upon superior orders in view of what seemed to be or was an emergency, the irrigation foremen, among them petitioner, were switched from their habitual work to cane cutting. Never before that day had petitioner done this kind of work, nor was cane cutting part of his employment. He cut cane from 9:00 a.m. and in the afternoon at the end of the day’s work he presented a blister between the index and thumb fingers of the right hand caused by the machete and which burst and started to bleed. It bled profusely and thereupon he reported to his immediate superior, the cane-cutting overseer. The latter bandaged the worker’s hand with a handkerchief and told him to report to the office. The record does not disclose that any action was taken that day. When he started to work the next work day he reported his case to his habitual superior, the irrigation overseer. This man decided that what he had there was unimportant and ordered him to continue working, that the work was pressing. Petitioner did not dare abandon the. work. He continued in his habitual work the days which followed, but the hand kept swelling and bleeding, he experienced much pain when he used the shovel, and the injury did not heal but kept growing worse. He therefore sought medical assistance in the hospital of Aguirre where the enterprise sent its laborers. For some time his hand was treated every other day, although he continued working in that condition, until finally he became disabled.1

[382]*382Dr. Enrique Acevedo testified that on May 26, 1959 he treated petitioner for an infected callus on his right hand. That day he disinfected the callus, treated it and- administered antibiotics. Petitioner continued receiving treatment and working. On July 29, 1959, in view'of the fact that his condition did not improve nor heal, he removed the callus. A few days later, August 3, he gave the laborer a certificate of temporary disability. Lastly, on October 17, 1959, petitioner was referred to the Oncological Clinic upon noticing that the injury of the hand persisted. Dr. Acevedo testified that according to the clinical record of the hospital, prior to March 21, 1959 petitioner had been treated in January 1955 for a benign furuncle or abscess on his left shoulder; in December 1955 he received treatment for gastritis and again in January 1958 for lack of appetite only. The clinical history did not disclose that prior to March' 21 the laborer had suffered from his hand.

The State Insurance Fund offered the testimony of Dr. Hamlet Hazim, Director of the Oncological Clinic of Ponce. He testified that on December 18, 1959 he examined the petitioning laborer who brought with him a history of development of an ulcer between the fingers within a period of eight months. He performed a biopsy and diagnosed the case as skin cancer with metastasis on the axillary ganglia. Shortly thereafter petitioner’s -entire right arm was amputated. ■

Upon questioning by the Fund, Dr. Hazim- said that the characteristics of skin cancer may be a tumor or an ulcer; that that of the laborer was in an advanced stage because it had already produced metastasis; that he could not say how long the disease had been in progress, tó reach such a [383]*383stage, but that the development of skin cancer was slower than that of any other cancer so that there is time for diagnosis and cure; that skin cancer very rarely produces metastasis; that it was likely that petitioner’s disease was more than eight months old, approximately from one to two years; that the laborer could have had before those eight months a malignant injury in the place claimed by him and that the trauma could have been produced over the injury.2 Referring to the trauma produced by cane cutting on March 21, 1959: .. .

Fund:
“Could it be said that that trauma alone described here by the claimant — upon questioning by this attorney he said that that was the only time in his life he had cut cane, his hands were in good condition; that he had never had a blister on.that hand — could have produced the type of cancer found?
[Objection]
Commissioner:
. . . The question is whether an injury of that nature could have originated or begun on March 29, 1959.
Dr. Hazim:
That day only, no. That the cancer developed following one trauma alone is not acceptable.
Commissioner:
What causes cancer, doctor?
A. We do not know what is the etiological cause. We may know the etiological factors which contribute to a cancer tumor, but what could have caused it, we do not know.
Q. Does a wound cause cancer?
A. Not a wound, trauma only.”

Upon questioning by petitioner’s attorney, Dr. Hazim further testified:

[384]*384Mr. Freyre:
“. . . When you examined that man the first time, did you notice that the ulcer which you claim he had on his hand had been submitted to biopsy?
A. No.
Q. Will a repetition of traumas, slight traumatisms, produce an ulcer?
A. That’s right.
Q. Doctor, what is a trauma?
A. An injury caused to the tissues.
Q. Doctor, one more question, a continuous irritation, for an indefinite time, may cause cancer?
A. Yes, sir.
Q. Doctor, are the causes of cancer known?
A. No.
Q. The histogenetic granuloma of the cancer?
A. We do know of the external causes. Now, what produces it, we do not know.
Q. This man’s type of cancer, how is it reproduced in the human body?
A. The skin cancer very rarely produces metastasis, it is very rare, and when it produces it the malignant cells eke their way through the lymphatic vessels and settle in the lymphatic ganglia, they travel through the lymphatic channel and form another tumor on the right axilla.
Q. Summing up, doctor, you heard the evidence offered this morning before this court. A person who suffers a laceration on the hand, that the hand swells as a result of the laceration, the blister or wound breaks up and bleeds; that during three long-months he uses his hand continuously with a violent instrument ....
[385]*385Fund:
Objection. Working violently.

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90 P.R. 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-candelario-v-industrial-commission-prsupreme-1964.