Emma v. A. D. Juilliard & Co.
Emma v. A. D. Juilliard & Co.
Opinion of the Court
This is a petition for workmen’s compensation in which a decree was entered by the superior court awarding compensation to the petitioner for total incapacity and containing, among others, the following specific findings of fact: “Second: That the petitioner sustained a personal injury arising out of an accident, arising out of and in the course of her employment, when she received a blow upon her right breast, resulting in a cancer of the right breast,” and “Fourth: That the petitioner is totally incapacitated from work as a result of the personal injury, resulting in a cancer of her right breast, since the 26th day of March A. D. 1945 and that such total incapacity still exists.”
From that decree respondent has appealed to this court, but in its reasons of appeal it complains only of the above findings and not of the award of compensation, because
Respondent has briefed and argued those issues in that order under three points. Under its first point it argues that the trial justice in making the second and fourth findings erred in that he misconceived the nature of the question before him on the issue concerning causal relationship between the blow which petitioner received by the-accident and the condition of cancer which was found later. It is urged that whether such a relation exists is a medical question and must be determined by the court on competent medical evidence. Prescinding from that principle, respondent contends that the trial justice disregarded the medical evidence of the lack of a causal relation between trauma and cancer and adopted a theory under which he liberally interpreted the evidence in favor of the petitioner and found that the blow on her right breast which she had received by the accident was the cause of her subsequent cancerous condition.
Respondent especially points out certain statements made by the trial justice in his decision and contends that they illustrate the alleged errors of law which he committed. The following statement, it argues, shows his refusal to accept the medical evidence on causation of the cancerous condition: “Hence, the question of causal.relationship between an injury and a subsequent condition ought not to be
Looking into the trial justice’s mind as mirrored by the above expressions respondent urges that in all this'judicial reasoning three legal errors are discernible: “a misconception of the nature of the question, the failure to accept the scientific approach to the problem, and the acceptance of conjecture for proof in respect to causal relationship.” Moreover respondent contends that the trial justice further erred by assuming that the rule that the workmen’s compensation act should be construed liberally in order to effectuate its purpose could be applied to the exercise of his judicial function in weighing the evidence.
These contentions merited and they have received our careful consideration. The correction of errors of law is the sole jurisdiction of this court in the review of workmen’s compensation cases. Precluded as we are in such cases from reviewing the evidence and passing upon the credibility of the witnesses, we have always been concerned that the superior court should keep within the rules of law in exercising its exclusive final appellate jurisdiction in the finding of facts therein. Cranston Print Works v. Pascatore, 72 R. I. 471; Walsh-Kaiser Co. v. Kooharian, 72 R. I. 390;
After carefully reading the transcript and paying particular attention to the content and character of all the medical testimony on the present state of medical knowledge pertaining to the causation of cancer of the breast by a single trauma, we examined the trial justice’s rescript wherein he discussed that evidence. Without isolating certain of his observations on that subject from their context but reading all that he said together as parts of a connected whole, we are of the opinion that his decision does not disclose that he misconceived the nature of the question before him or that he decided it on conjecture.
Nor can it be said, in our opinion, that he failed to accept the scientific approach to the question if by that expression respondent means that he did not give due consideration to all the medical evidence. Of course it is obvious that he did .not accept the opinions of three of the medical witnesses who testified that a single trauma cannot cause cancer. And it is equally obvious that he based his decision on the opinions of two other medical witnesses, who testified to the contrary, and also on certain other uncontradicted evidence that petitioner was in good health before the accident; that she never experienced any pain in the region of her right shoulder until after the accident; that
We are of the opinion that the trial justice weighed all the evidence and found, notwithstanding the majority medical testimony, that it preponderated in favor of the petitioner’s contention that the blow on her breast caused the cancer. Someone else weighing the same evidence might have considerable difficulty in reaching that conclusion in view of such majority medical opinion. But, as we have so often said, that is of no consequence on the review of workmen’s compensation cases in this court, because in such cases we do not weigh the evidence.
When the trial justice said that he was not called upon to decide a medical question we understand him to mean that he was not required to decide as a matter of medical science whether a cancer of the breast could result from a single blow. His duty on the contrary was one that lay within the broader province of juridical science whose norms of fact finding from other proved facts are less exacting. The law is not and in the nature of things can never be an exact science. The judicial process by means of which the law is administered is an instrument for the attainment of substantial justice and not necessarily perfect justice. We think that the trial justice was saying no more than this when he said that the question of causal relationship was not to be controlled by “nice philosophical reasoning” or by the rules of “scientific certainty.”
We are, however, somewhat concerned with his reference to the rule of liberal construction which is applicable in cases arising under the workmen’s compensation act. He says in his rescript that “it is more in- keeping with the Act and the purpose intended to be effectuated by it to resolve the question of causal relationship by a broad and liberal view of that relationship.” What he meant by that
We are of the opinion that the trial justice in the instant case was discussing the legal principles of proof of causation that were applicable in judicial tribunals and contrasting them with the stricter rules “of the scientist who requires scientific proof to a certainty.” It was in the course of such discussion that he made the statement which we quoted in the next preceding paragraph and about which the respondent complains. On the whole, after carefully studying the complete discussion of the trial justice we are of the opinion that he did not adopt a novel and incorrect rule for weighing the evidence on the question of causation. Rather we think his rescript, taken in its entirety, shows that he weighed the evidence with proper regard for the usual and correct rule of law. Therefore, no doubt exists here which would require remanding the case to the superior court for clarification as was necessary in Campbell v. Walsh-Kaiser Co., supra.
The final question is whether the second and fourth findings making particular reference to “cancer of her right breast” should be stricken from the decree. Respondent contends that only ultimate facts properly belong in the decree and that the trial justice’s “findings that the petitioner had a cancer which was caused by the trauma is
However, respondent raises the issue that it is prejudiced by the incorporation of the two findings of fact in question because the entry of a decree containing such findings will render the issue of causation of petitioner’s cancer of the breast res judicata. We agree that it will, but in our opinion respondent suffers no prejudice by reason of. that fact. It has had its full day in court for the trial of that issue and it actually presented to the superior court its evidence tending to disprove such causation. In the circumstances it cannot now claim prejudice by reason of such findings appearing in the final decree. Moreover, we are of the opinion that in view of the manner in which this case was tried in the superior court the findings in question are not mere evidentiary matters but are in reality ultimate facts.
The respondent’s appeal is denied and dismissed, the
Reference
- Full Case Name
- Angelina Emma v. A. D. Juilliard & Co., Inc.
- Status
- Published