Patton v. Industrial Commission
Patton v. Industrial Commission
Opinion of the Court
This case is before the Court by writ of certiorari to test the lawfulness of an award and findings of The Industrial Commission issued on 28 March 1969. This case is decided under the law as it existed prior to 1 January 1969.
The petitioner, a then 25-year-old female employed as an assembler by the employer, injured her low back while she was picking up power supplies which weighed approximately 20 pounds. The petitioner
“ADDENDUM:
“I am of the opinion that the patient should have a lumbar myelogram for diagnostic purposes only.
s/ M. L. Goldsmith_
M. L. Goldsmith, M.D.”
In addition the petitioner’s attending physician, Paul M. Steingaard, D. O., was of the opinion that the petitioner should have a myelogram.
The petitioner contends that she is entitled to the additional accident benefits of a lumbar myelogram as a Workmen’s Compensation responsibility.
We have reviewed the record and find that the petitioner has failed to meet her burden of proving that her physical disability is attributable to her industrial accident. When the results o'f an industrial accident cannot be clearly seen by a layman, such as the loss of an arm or leg, the question of physical disability or impairment can be resolved only through the use of expert medical testimony. Bedel v. Industrial Commission of Arizona, 5 Ariz.App. 470, 428 P.2d 134 (1967); Fyffe v. Industrial Commission, 10 Ariz.App. 377, 459 P.2d 104 (1969). When the question of physical disability or impairment requires medical testimony and there is a conflict in that testimony, the Commission has the duty of resolving the conflict. Theoharidi v. Industrial Commission of Arizona, 8 Ariz.App. 364, 446 P.2d 470 (1968) ; Lopez v. Industrial Commission of Arizona, 9 Ariz.App. 326, 451 P.2d 904 (1969). In the instant case, the petitioner failed in her proof that a myelogram might reasonably establish an industrially related condition. There was a conflict in the medical evidence as to whether a myelogram was necessary in diagnosing the petitioner’s then physical condition. We find that there is sufficient evidence in the record to support the award of the Commission.
The award is affirmed.
Reference
- Full Case Name
- Shirley L. PATTON v. The INDUSTRIAL COMMISSION of Arizona, Ameco, Inc., Employer, State Compensation Fund, Carrier
- Cited By
- 1 case
- Status
- Published