Valente v. Bourne Mills

75 A.2d 191, 77 R.I. 274, 1950 R.I. LEXIS 83
CourtSupreme Court of Rhode Island
DecidedJuly 20, 1950
DocketEquity No. 2018
StatusPublished
Cited by32 cases

This text of 75 A.2d 191 (Valente v. Bourne Mills) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valente v. Bourne Mills, 75 A.2d 191, 77 R.I. 274, 1950 R.I. LEXIS 83 (R.I. 1950).

Opinion

*275 Capotosto, J.

This is an original petition under the workmen’s compensation act, general laws 1938, chapter 300, by an employee to recover compensation for the injury alleged to have been caused by an accident arising out of and in the course of her employment, and also for medical expenses incurred by her as a result of such injury. Following a hearing in the superior court a decree was entered denying and dismissing the petition. The case is before us on petitioner’s appeal from the entry of that decree.

The testimony of the petitioner, who was the only witness, is undisputed and unimpeached. For reasons that will later appear a detailed statement of the facts thus *276 established is of prime importance in the circumstances of this case. Petitioner testified that she was a widow, forty-six years old; that she had worked for respondent since she was twelve years old; that during that period of almost thirty-four years she was absent from her work some nineteen years ago when she was operated upon for an ailment in no way connected with her present condition, and for childbirth, and that with such exceptions she had always been in good health.

Petitioner further testified that on May 25, 1948 she was working at a machine as a “speeder tender,” that is, replacing empty bobbins for those which had been filled with yarn; that she was lightly clad because her work had to be done in a well-heated room; that while so employed an empty bobbin fell from the upper part of the machine, which extended some distance above her person, and struck her on the nipple of the left breast; and that, as she felt no pain, she continued at her work without reporting the accident. A sample bobbin was introduced in evidence. Generally speaking it may be described as a hollow wooden cylinder three eighths of an inch thick with a crenulated base, encased in metal, protruding one fourth of an inch from the shaft thereof. The diameter of the shaft is one and one-half inches and that of the base is two inches. The entire bobbin is almost one foot in length and weighs approximately one-half pound.

Petitioner further testified that she did not notice anything wrong with her left breast until almost two weeks later; that while bathing on Saturday of the second week she observed that' the nipple of that breast was “a little hard, and that pus [was] coming off”; that the following Monday morning she immediately reported the accident and the condition of her breast to the nurse at the mill who, after examining her, informed the “boss,” and he in turn told petitioner to go to the “mill doctor” notwithstanding her expressed desire to consult her own doctor; that in compliance with the boss’s request she went that same day *277 to the office of Dr. Cornelius H. Hawes but as he was not available she was examined by a Dr. Gallery, who informed her that she should go to the hospital at once; that she did so the next day and on the following Saturday her left breast was removed by Dr. Hawes. It was agreed that at the time of the accident her average weekly wage was $45.76.

According to petitioner she left the hospital in about three weeks and was thereafter treated by Dr. Hawes until sometime in November. At that time she was unable to raise her left arm to any extent. She returned to her job as speeder tender on March 21, 1949, although she then still had “a lot of trouble” in doing that work. At the time of the hearing in the superior court petitioner had paid or was paying in installments all medical, hospital, X-ray and nursing bills which were as follows: Dr. Hawes, $150; hospital, $199; X rays, $25; nursing at home for four weeks at $1 a day, $28; a total of $402. We add here that petitioner’s entire testimony as to the facts was in no way adversely affected nor was her credibility impeached in the slightest degree by respondent’s few questions in cross-examination.

The rescript of the trial justice is quite scanty. Following a bare outline of the accident and petitioner’s operation it says: “There is no evidence that the condition which resulted in the removal of the breast is causally connected with the incident of May 25, 1948.” (italics ours) In view of the fact that petitioner’s testimony was undisputed and not inherently improbable or otherwise impeached, the only meaning that we can attribute to that language is that she was not entitled to compensation because she had produced no direct medical evidence expressly establishing such connection. In our opinion such a conclusion is erroneous.

It is well settled that a reasonable inference from established facts is evidence and that such an inference should be considered and given effect by the trier of the facts. In a *278 compensation case a party is not to be denied the benefit of a reasonable inference that logically and naturally arises from the evidence, especially if the testimony of the only witness is undisputed and unimpeached.

Respondent make's two contentions in support of the trial justice’s finding that there was no evidence of causal connection between the accident and injury. First, using the language of its brief, it contends that there is no such evidence because “Nothing in the record shows what medical diagnosis was made. The pathological nature of the condition which necessitated removal of petitioner’s breast does not appear.” (italics ours) And secondly, that in any event the evidence was open to two reasonable inferences, one in favor and the other against the petitioner, and that since the trial justice decided the matter adversely to the petitioner we are powerless to disturb that finding by force of the act and numerous decisions of this court in conformity therewith.

The first contention, as stated, if literally followed would turn a compensation case into a clinic where doctors seek to determine- the “diagnosis” of a patient’s ailment and the “pathological nature” of that condition according to the more exacting norms of medical science. The application of so strict a rule to establish the required causal relationship in the field of law, where the ultimate objective is the attainment of substantial justice according to the remedial purposes and provisions of the act, would cast an unfair burden upon a person injured by accident. See Emma v. A. D. Juilliard Co., 75 R. I. 94, 99. Neither the compensation act nor the pertinent decision of any court that has come to our attention requires such a quantum of proof. Construed consistently with the rules of law rather than of medicine, respondent’s contention under consideration is in substance that there is no evidence of causal connection since there is no direct medical testimony of diagnosis to that effect.

We concede that in the great majority of cases such *279 testimony ordinarily is necessary because of the seeming absence of connection between a particular accident and a claimed resulting injury. But in other cases involving special and peculiar circumstances, medical evidence, although highly desirable, is not always essential for an injured employee to make out a prima facie case, especially if the testimony is adequate, undisputed and unimpeached.

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Cite This Page — Counsel Stack

Bluebook (online)
75 A.2d 191, 77 R.I. 274, 1950 R.I. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valente-v-bourne-mills-ri-1950.