Guarantee Insurance v. Industrial Accident Commission

THOMPSON, J. By means of certiorari petitioner seeks to annul an award of $30 per week for a period of one month, rendered by the Industrial Accident Commission as temporary total disability of a blacksmith, in the nature of alleged injury to his eyes incurred in the course of employment by being subjected to arc welding flashes. Upon petition for rehearing, no additional evidence having been adduced, the award was affirmed.

The petitioner contends that there was no evidence to support the findings and award, and that the uncontradicted evidence of two physicians to the effect that claimant’s eyes were not injured by arc welding flashes, and that his defect of vision was due to advanced age, is controlling since there is no evidence to the contrary by any medical expert witness.

The evidence shows that Adam C. Turban was employed in October, 1946, by Oscar Squire, as a blacksmith at Gridley. He was then 59 years of age. He worked for Squire about eight months. He previously worked as a blacksmith at Yuba City for an employer by the name of Caldwell. He had previously suffered from trouble with his eyes, occasionally wore glasses for a period of about four years, and was treated in the McCloud Hospital on that account. The former eye trouble was evidently not caused by arc welding flashes. He was asked, “Did you have any arc flashes there [at Caldwell’s]?” to which he replied, “No, I didn’t.” While Mr. Turban was working in the shop for Oscar Squire he was stationed near a workman who was engaged in welding. The claimant testified that no adequate shields were provided to [412]protect his eyes from arc welding flashes and that his eyesight was thereby impaired. He left his employment May 4, 1947, on that account. He reported his ailment to the employer who sent him to a physician for examination. The examination was made by two physicians who reported that his defect of sight was not due to arc welding flashes, but was due to his age and natural diminution of vision. In two or three weeks he returned to his employment but worked only about one week and then left. After treatment his sight improved and he subsequently worked for other employers, but admitted that he needed proper glasses.

The claimant testified he had used glasses for reading “just about three or four years, something like that.” On Monday following May 24th, he reported trouble with his eyes to his employer. He remained away from his work for a short time, saying, “I wasn’t able to work, ... on account of my eyes.” The employer sent him to Dr. Montano at Marysville, who examined him and reported on May 26th, “Surgeon’s First Report: A. L. negative. Cornea few old nebulae.” We assume that report merely means that the vision was somewhat clouded. It contains no finding that the vision was impaired as a result of arc welding flashes or burning. The claimant was then sent to Dr. Thompson for further examination. On June 5th, Dr. Thompson, after examination, reported, “Surgeon’s First Report: Slight congestion or conjunctiva on right marked photophobia on right pupil reacts to light; increased intraocular tension.” The term “photophobia” merely means “Intolerance of the eye to light, with spasm of the eyelids.” (Chambers’s Technical Diet., p. 639.) That report contained no finding that the defect of eyesight was due to arc welding flashes or burns. The case was then referred back to Dr. Montano. The claimant was sent to the Yuba City General Hospital. He then had a marked swelling of the eyes. A drug was applied to the eyes which promptly cleared up, and he was discharged from the hospital. Dr. Montano reported to Dr. Thompson, “Diagnosis: Ocular allergy, severe. I have advised him to return to you for skin tests. ’ ’ On June 4, 1947, Dr. Montano wrote to Dr. Thompson saying, “Eye examination was as follows: . . . Visual acuity C. D. 20/20-2; O. S. 20/20. There was no staining of the cornea. The fundii were examined after the pupils were dilated and were found to be completely negative. There was no evidence of retinal hum. Slit lamp examination of both eyes revealed a few fine old corneal opacities which have noth