Shelton v. Industrial Commission
Shelton v. Industrial Commission
Opinion of the Court
Review of an Industrial Commission’s denial of an award for injuries. Affirmed, with no costs.
Mr. Shelton, applicant, concededly was injured while working on an oil drilling operation. A steel rod swinging pendulum-like, struck him on the left temple. He continued working, but suffered headaches. About 2i^ months later a physician removed liquid from a capsule near the brain and at the site of the injury. On advice, he did not work for a month. ITe then resumed work, but 6 months later surgery revealed a cancerous condition at or near the spot where the rod had struck him.
Pivotal point of this case is whether the blow 1) caused or 2) aggravated a cancer. The Commission concluded that it did not.
A panel of three medical specialists concluded that the blow was not the cause of either and that it felt that “this particular brain tumor may well have been present prior to the injury.” The nub of this case seems to revolve around the panel’s statement that “The panel considered the aspects of trauma in relationship to brain tumor and unanimously feel that there is no good
The applicant urges that this statement indicated that the panel did not consider the facts of the case but simply stated a medical conclusion not shared by other medical schools of thought. Counsel concluded in his brief that since the Commission upheld the panel report, “This proceeding is in fact a review of a determination by the Industrial Commission that no causal relationship between trauma and brain tumors will be recognized in Utah for the purposes of the Compensation Acts.” We do not share such a conclusion and believe that relying on the quoted statement, out of context with the other portions of the panel report, is to ignore the gist and substance thereof. The panel also stated that “the brain tumor
The applicant’s attending physician testified that in his opinion it was possible or quite probable that there was a causal connection between the trauma and subsequent development of the tumor, conceding however, that there were two schools of thought on the matter, — diametrically opposed, each being supported by eminent medical authorities, some of which he quoted. He conceded further that he could not determine if the cancer existed prior to the trauma. There was no evidence that it did. There was testimony that a cancer might develop where there was trauma accompanied by bleeding, but the physician found no evidence of that fact.
One of the doctors on the panel also agreed there were two schools of thought on the subject, equally persuasive and authoritative. There was a direct conflict as to whether the tumor could have developed within the time it did in this case, and there were other, perhaps minor, matters of controversion. The fact finder chose to believe the panel report after reviewing the written record and the oral testimony. The Commission upheld him, and we uphold the Commission order denying an award, on principles heretofore enunciated by this Court.
Counsel for the applicant points to Ewell v. Industrial Commission
Counsel points to Utah Fuel Co. v. Industrial Commission
We cannot share the applicant’s conclusion that the instant case announces that in the future any different policy or attitude toward compensability based on choice of one controversial medical dogma in preference to another will prevail. This case reflects no anticipatory denial of compensation based on preference of medical texts.' Contrariwise, it is assumed that it will base its orders on facts, right or wrong, as has been its wont in the past. When and if such attitude presents itself this Court will reward the Commission with reversal.
. Obviously referring to Shelton’s brain tumor.
. 120 Utah 671, 238 P.2d 414 (1951).
. 102 Utah 26, 126 P.2d 1070 (1942).
. 104 Utah 436, 140 P.2d 644 (1943).
Reference
- Full Case Name
- Albert SHELTON v. INDUSTRIAL COMMISSION of Utah, R & R Well Service Company and United States Fidelity & Guaranty Company
- Status
- Published