Aponte v. Workmen's Relief Commission
Aponte v. Workmen's Relief Commission
Opinion of the Court
delivered the opinion of the court.
Appellant Vidal Aponte applied to the Workmen’s Belief .Commission for compensation because of an injury to his. left hand while cutting grass with a machete on a farm belonging to his employer, alleging that a part of his left arm was permanently disabled.' ITe was denied such relief for lack of medical' evidence tending to show that he was so dis
On appeal from that judgment the workman alleges that its first ground is erroneous because the Workmen’s Belief Commission admitted in its answer that the employer was covered by the said Act, wherefore he had not to prove that point. This was error and it is so recognized by the appellee.
With this admission and some others, the issue between the parties is reduced to the question of whether as a consequence of the injury received that part of the’left hand was permanently disabled. In this regard the evidence is conflicting. Two physicians were called by the plaintiff at the trial and testified that he is permanently disabled in the use of a part of his left hand, for though he is able to close his hand perfectly because its flexor tendons are normal, the extensor tendons of the thumb and second finger are severed and therefore he can not, use as much strength as before. One of them said that the flexor tendon of the thumb can not function and that he can not straighten it because said tendon is severed. Another witness testified that the plainiiff is now working in cutting grass with a machete, but that he can not earn as much as others because he can not do as much work. On the other hand, one of the two physicians called by the defendant testified that the plaintiff can close his hand because the flexor tendons are complete and that he only tries to show partial disability in the flexion of his thumb; that he can grasp with his hand and that he is not
In view of such conflicting evidence and the observation of the trial judge we can not hold that the court erred in finding that the plaintiff’s strength is not impaired, that he is not disabled and that he suffers only from a relative incapacity in straightening his wrist, and thumb, but that their flexion is normal.
The judgment appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.