Ortiz Candelario v. Industrial Commission
Ortiz Candelario v. Industrial Commission
Opinion of the Court
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
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
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 Mr. 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 Fund:
Objection. Working violently.
Commissioner:
Objection sustained. In his usual work.
Mr. Freyre:
His usual work in the irrigation of cane. If that irritation persisted during that time, is there medical knowledge at that stage that could say what caused the cancerous formation to that laborer?
A. As I said before, so far it has not been scientifically accepted that trauma alone produces cancer. Definitively not.
Q. But it is also produced by irritation over that trauma?
A. Continuous irritation may produce cancer, continuous and chronic irritation.”
The Fund attempted to prove with the testimony of the irrigation overseer that neither the fact that the laborer was put to cut cane nor that he injured his hand in that activity occurred that day, March 21, 1959. Obviously, the Commission did not give credit to this evidence since in its findings it concluded that those facts had occurred. In fact, no other conclusion was proper in view of the laborer’s preponderant evidence on the occurrence of those facts. The Fund also attempted to prove with that witness that petitioner was suffering from that hand, and that since 1954 the witness at. times wore a bandage on it. The evidence on this point was most conflicting and the Commission made no specific finding of fact in either sense.
The refusal of the Commission to compensate this case was based on the brief findings which we copy below:
“It is well settled by the case law that a laborer who claims compensation for a labor accident is bound to prove that the alleged accident was the proximate cause of his disability.
“In our opinion, neither the evidence on the facts nor the medical evidence supports in the least claimant’s theory.
“The testimonies of Drs. Acevedo and Hazim tell us clearly that prior to the alleged accident this laborer was already suffering from a cancerous condition of his right hand, and that*386 it was so old that it had produced metastasis, which is .not frequent in skin cancer, and that if the laborer had sustained the alleged labor accident, it had no relation to his cancerous condition, nor brought it about, nor aggravated it.”
As to those conclusions, it may be observed that Dr. Acevedo expressed no opinion on cancer. In his opinion, the injury was an infected callus and treated it as such. And from the testimony of Dr. Hazim offered by the Fund it does not appear conclusively in the record nor by reasonable inference that the trauma which the laborer sustained while cutting cane did not aggravate a cancerous condition of the skin, which probably already existed according to his testimony, or did not accelerate the process of metastasis, thereby causing the malignant cells to spread to the axilla and hence the laborer’s incapacity for work as a result of the total amputation of his arm. On the contrary, if as stated by Dr. Hazim the skin cancer develops and grows slowly and very rarely produces metastasis, in the light of all the facts in the record a rational inference from his testimony would rather be adverse to the foregoing conclusion on the nonexistence of aggravation. Apart from these observations, the medical expert, evidence evaluated in the light of other elements of judgment in the record does not afford such a simple solution for the litigious question as it seemed to the Commission — under criteria of compensation in the sphere of labor accidents — in determining petitioner’s right to compensation for the disability involved herein.
Section 2 of the Workmen’s Accident Compensation Act — No. 45 of 1935 (Sess. Laws, p. 250) — prescribes that its provisions shall be applicable to all workmen covered thereunder who suffer injury of are disabléd, or lose their lives by reason of accidents caused by any act or function inherent in their work or employment and which occur in the course of said work, and as a consequence thereof or . .
The problem somewhat more complicated which this case presents arises when it is necessary to determine whether or not the amputation of the laborer’s arm resulting in permanent disability, which otherwise would not have existed despite the injury or trauma, was the result of such injury or trauma, or whether or not there was causal relation between the amputation and the injury; and, lastly, in view of the legal rule contained in § 2 supra for the solution of this type of litigious controversies, the determination of whether the record, taken as a whole together with all the circumstances and elements of judgment present, offers under any possible rational consideration a state of absolute nonexistence of causal relation between the laborer’s work and his disability to warrant a judgment disallowing compensation.
Notwithstanding the medical opinion and its reluctance to find causation between trauma and cancer, except perhaps in the case of chronic irritations caused by an agent, the courts have allowed and continue allowing compensation— in the general area of damages as well as in the most particular area of compensation for labor accidents — in cases of trauma followed by disease, disability or death from cancer whenever in their opinion they have found, in the succeeding order of facts and circumstances to be evaluated, a causal relationship between the trauma and the disease, disability or death from cancer, with some logical and rational sense of probability. If not so frequently the courts have attributed to trauma the origin of a cancer followed by an unknown disability or death such as are the causes of this anomaly in the body — and there are decisions in that sense notwithstanding the medical opinion — very frequently the courts have considered trauma as an element or factor of aggravation and acceleration of the ailment, or as a factor in the acceleration of an aggravating metastatic process which carries the tumor to other places, all of which precipitates a disability or death. The fact that the courts have not abided blindly by the medical criterion in cases of traumas and the ensuing disease, disability or death from cancer, is due to the well-known position of inequality of approach which the doctor, within the discipline of his science, and the trier or agency which adjudicates the right of the parties, are bound
In Voorhees v. Smith Schoonmaker Co., 92 Atl. 280 (1914), the laborer worked in a woodworking shop which required the exercise of pressure with his stomach. He experienced a severe pain while working and was compelled to stop working. It was established that he had a large rupture on the abdomen where he exercised pressure on the posts. He died two days later as a result of cancer. In awarding compensation, the Supreme Court of New Jersey points out the fact that the laborer was performing ordinary work which was too heavy for his diseased condition, and said: “So that even if deceased was suffering from internal cancer, it was quite within the province of the court to find that the proximate cause of death was the unusual and forcible pressure on parts weakened by disease, which but for the unusual strain would have held out for a considerable period.”
A farm foreman experienced a severe pain on the right side of his body while performing his work. He was confined for some time, was released and returned to work receiving ambulatory treatment and apparently in good health. He twisted his leg when lifting a steel beam and experienced
In Southern S.S. Co. v. Norton, 41 F.Supp. 103 (1940), a laborer was injured on the dorso-lumbar region. He was hospitalized and given treatment, his health began to fail and he died from cancer of the lung. There was medical testimony to the effect that the cancer existed at the time of receiving the trauma and that it would have caused the death of the laborer just the same. In sustaining the compensation awarded to the widow, the court said that it was logical to infer that if the laborer had no cancer when he was injured, the trauma brought it about, and if he had it, the inference was that it aggravated it.
In Boyd v. Young, 246 S.W.2d 10 (1951), a laborer felt a sharp pain in his back when he lifted a box. He was referred for medical treatment, was operated on and it was found that he had cancer on the base of the neck. It was alleged that the trauma had accelerated the cancerous con
In Branson v. Firemen’s Retirement Fund, 321 P.2d 1037 (1957), in which a laborer injured his knee and six years later it was found that he had cancer in the same site and died six months later, and in which the Industrial Commission denied recovery, the Supreme Court of Idaho in reversing the ruling found that there was causation in the fact that the tumor developed in the same site of the injury.
A laborer sprained his back when lifting a steel plate. His condition grew worse and the examinations disclosed a cancerous tumor on the right side of his back. In sustaining compensation, the Supreme Court of Illinois in Ralph H. Simpson Co. v. Industrial Commission, 169 N.E. 225 (1929), said that prior to the accident the laborer was strong and vigorous, that he was never well after that, arid upheld the compensation as a labor accident whether the cancer existed prior to the accident and was aggravated by the injury, or whether the accident caused the cancer.
And in Pixley v. Employers’ Mutual Liability Ins. Co., 102 So.2d 113 (1959), the Court of Appeals of Louisiana awarded compensation to a laborer who received a blow on her chest while performing functions unrelated to her employment, with the knowledge of her employer, and it was after-wards found that she had a cancerous tumor on the right breast. Compensation was awarded on the basis of aggravation of the pre-existing cancerous condition. In affirming, the
With the preceding norms and well-accepted judicial decisions as guide, we need not decide affirmatively in the case at bar distinct from the medical opinion, nor did respondent Commission need to do so, that the trauma sustained by appellant while cutting cane initiated or was the causal factor of the skin cancer on his hand which incapacitated him within a short time. On the basis of Dr. Hazim’s testimony, there is no reason why we should not accept the fact that appellant could have had a neoplastic condition in the site of the injury, whether such cancerous condition had developed, as the Fund sought to prove, or whether it was not noticeable or difficult to appreciate at first glance, as petitioner’s evidence sought to establish to the effect that he was not suffering from that hand. But following the logical and realistic norm of “the sequence of events” frequently applied in these situations, the evidence as a whole leads to the fact and permits of a rational conclusion that it was probable
Having reached the preceding conclusions on the basis of the facts, the legislative mandate of § 2 added to the Act in 1957 compels us as well as the administrative agencies, the State Insurance Fund and the Industrial Commission, to give the laborer the benefit of any reasonable doubt as to the existence of causal connection between his work and his disability. We already had occasion to state the extent of that legislative norm in the cases of Feliciano and Meléndez, supra. This norm, which codifies in a great part the general
It must be borne in mind that these problems in which a social interest is involved in addition to those of the parties should be treated, on the administrative as well as on the judicial level, with such a degree of objectivity and realism as will accomplish the humanitarian purposes of the legislation. The price of this social interest should be absorbed by the community, either as direct taxpaying enterprise to the social fund which under the most recent legislation contributes in a greater scale within the all-embracing concept of employer, or as indirect taxpayer, to the cost of the product which it pays as consumer. The burden of the disability or death should not devolve upon the laborer or his dependents only.
For the reasons stated, the decision of the Industrial Commission of November 1, 1962 denying compensation is set aside and petitioner’s incapacity is declared compensable, and the record shall be remanded, for further proceedings consistent with the holding herein.
Among the grounds adduced by the Fund for disallowing compensation, it stated that assuming, without accepting, that the accident was a labor accident, the laborer had no right either to receive compensation because he had reported untimely to the Fund for medical treatment. The respondent Commission made no pronouncement as to this ground and possibly it was not impressed by it. We are not convinced in the light of the record. Petitioner reported to his superiors the injury sustained, and the latter, deciding on their own account that it was unimportant or for some other reason, apparently took no action on the matter. On the other hand,
Nine months elapsed from the injury sustained in cane cutting to the examination and diagnosis of cancer.
Fernández v. Industrial Commission, 85 P.R.R. 284 (1962); Salazar v. Indus. Comm.; Mgr. State Fund, Int., 76 P.R.R. 102 (1954); Grays Hatchery and Poultry Farms v. Stevens, 81 A.2d 322; Neylon v. Ford Motor Co., 91 A.2d 569; Derby v. Swift and Co., 49 S.E.2d 417; Young v. Western Furniture, 164 N.W. 712; 1 Larson, Workmen’s Compensation Law, § 12.20 et seq.; 41 Neb. L. Rev. 101 et seq. (1962); 43 Id. 27 et seq. (Dec. 1963).
By way of illustration, we state in part some of the concepts collected and summarized by Professor Small based on medical and legal authorities, particularly in connection with trauma and cancer. For example, the writer comments that even at present the medical cause of cancer is slightly more than the physician’s conjecture. What might cause the mistake cells to lie dormant or become activated, or' why the equilibrium of the cells in their relation to each other becomes disturbed, remains a mystery. With respect to trauma and cancer, he points out that it is there where the principal divergency begins between the medical criteria and the legal approach as to causation between one thing and the other, except in the case of chronic irritations. In his pathological concept, the doctor will concede some factorhood for trauma, or reject it as the source or cause of cancer, although he accords some recognition to the trauma factor in aggravating or accelerating existing neoplasia. He admits that trauma and the complications which it produces may help a tumor break down its resistances and it may aid its growth and spread, increasing its rate of progress. But he also explains that a malignant tumor is never static and tends to get worse. That the aggravation factor is inherent in the disease, and so is acceleration. It is the same with metastasis in which the doctor
Professor Small comments, with ample citation of authorities, that the courts have been most liberal toward the claimant where he can show that he suffered trauma or injury at, or very near, the precise location of the cancer. If that proximity exists, it seems to matter little whether he is claiming for old growth aggravated or new growth initiated. Despite the doctor’s denials of traumatic cause, the courts have allowed awards where trauma-site and growth-site coincide. These cases go on and the accepted rule seems to be that if a claimant shows cancer, either old or new, as the point of injury, ordinarily the courts will allow recovery. They have also allowed awards in the case of cancer in an internal organ of the body where there has been trauma. For example, it has been held that a sprained ankle has aggravated a stomach cancer, a strained back has aggravated a brain tumor and a testicle cancer, where a burned hand aggravated a cancer in the pancreas, or an explosion made a jaw cancer worse. If metastasis has occurred, the factor of distance between cancer point and trauma point does not of itself rule out a connection between the two. The doctor does have difficulty in separating cause from etiology; to him, both represent a kind of pathological explanation of the disease. If he is unable to identify the initiating cause of cancer, he will still consider it a pathological one. He will recognize certain other factors, among them trauma, and recognizes that traumatic history has preceded an unusually high number of cancer developments. He will admit that trauma may influence aggravation, accelerate the metastatic process, and even have an influence on activation of previously unnoticed areas of neoplastic predisposition. They accept more readily criteria of activation of inherent physical anomalies, in view of their own experience with the touchy nature of those anomalies, as in the case of cuts, bruises, moles, small tumors and growths, and supernumerary organs. But it is a well-settled criterion that where a labor trauma and a cancerous condi
As to the legal position of the trier in this complex- problem, of causation, Professor Small comments that where the risks are known and understood, the only problem is in relating risk to the legal action, but that in cancer cases the appraisal is not so easy, since so little • is known of the risk in the first place. Accordingly, some improvision from circumstantial evidence is necessary. In such case the circumstantial evidence is the only evidence, and in that evidence will be many indications that trauma may aggravate existing cancer or accelerate its growth, may aid metastasis, and may activate previously quiescent precancerous conditions. Clinical reports show an incidence of traumatic history preceding many cancers. These evidentiary bits establish a relationship between trauma and cancer. Trauma is a risk factor even for medical men. In the legal approach it is the risk. For the trier the factor is sufficient in determining whether such risk bears enough relationship to defendant’s liability. And in the particular area of workmen’s compensation, the nearness of that relation is not clouded by the word cause, since the compensation formula requires that the harm be one arising out of and in the course of employment. Workmen’s compensation is a statutory scheme of liability in which the employment absorbs the cost of all harms which arise out of its existence. Although there must be a relation between the, harm and the employment, the test is a looser one than that in ordinary tort cases. It is not a faulty liability, and the moral considerations of 'oughtness in the tort cases are of no moment. Eelative guilt or innocence of the parties is not considered, and a defendant’s liability in this field of workmen’s compensation will not rest on whether the character of his role in an accident makes it seem morally just or unjust. Whether both parties are wholly without fault or wholly with fault, makes no difference. Workmen’s compensation is an enterprise liability, a liability of occasionment, embracing all risks occasioned by the employment and its incidentia. The personal injury risk stands in the same category with the other risks of operating overhead which the employment occasions. It is like the cost of replacing equipment. The employment, then, is responsible for a cancer harm, fault or no fault, if the employment occasioned it. Again the risk of trauma • appears. If trauma is a risk factor of consideration in cancer development at all, the employment’s occasionment of trauma brings that risk, slight though it may be, into engagement.
Horovitz, the untiring student of this subject of labor accident compensation, in his recent revision of the subject in “Workmen’s Compensation: Half Century of Judicial Developments,” published in 41 Neb. L. Rev. 1, says at p. 42:
“One of the misunderstandings between doctors and courts relates to causal relation, (hence ‘out of’) between work or working conditions and diseases of obscure origin. The medical profession takes the attitude that, if they as doctors do not know the ‘cause’ of a specific disease, the courts cannot uphold awards made by workmen’s compensation administrators.
“The answer is twofold: (1) The precipitation, aggravation or acceleration of a disease by an injury at work, or by the work itself, is as compensable as original causation of the disease. Medical etiology, or knowledge of what germ or virus was medically responsible, does not interest an appellate court. (2) The question before the appellate court is not whether, on the evidence below, the judges would have found causal relation, or whether in fact the disease of obscure origin originated in the work or work-injury. Courts do not decide the truth or falsity of medical questions. They decide only whether, on the evidence before the administrator, it was ‘rationally possible’ or a ‘reasonable conclusion’ for him to decide that there was such causal connection, precipitation, aggravation or acceleration. On appeal, meager or slight evidence is sufficient.
“On this reasoning the modern courts properly have upheld awards involving cancer, heart disease, multiple sclerosis, meningitis, encephalitis, leukemia, traumatic epilepsy and arthritis.
“The early courts required medical evidence to support awards which involved medical questions. Today the overwhelming majority of courts uphold awards where there is not a single shred of medical evidence, or where the favorable medical evidence is weak but where the sequence of events is convincing. So, too, courts affirm awards where common sense, experience or knowledge point to a relationship which justifies the administrator’s award — for example, death as the termination of serious injuries, or aggravation of hernia from lifting and straining. Thus, where there was a blow to a female employee’s breast and the breast was subsequently removed and neither side offered medical evidence, the administrator concluded that there was causal relation. The ‘sequence of events’ was convincing and the appellate court upheld the award. The court stated that although medical evidence would have been helpful the conclusion of causal relation was justified.
*397 “Even where medical evidence is offered by either side it may be disbelieved, in whole or in part. And the majority of courts no longer pay homage to the magic words ‘probable’ as opposed to ‘possible.’ If reading the record as a whole leads the appellate court to feel that the conclusions reached below are rationally possible on the evidence or on the inferences from the evidence, the award will be affirmed.”
Subsequent to Salazar, decided in 1964, Act No. 94 of June 22, 1957 (Sess. Laws, p. 439) included cancer among occupational diseases, including exposure to X rays. See Hernández Nieves v. Industrial Commission, ante, p. 334.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.