Opinion
Oct. 30, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
Yegge, Hall & Evans, James C. Perrill, Denver, for respondents Community Hospital Assn. and Western Fire Ins. Co.
Grant & McCarren, Deniel F. Bernard, Longmont, for petitioner.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondents Industrial Comm. of Colorado and Director of the Division of Labor.
SILVERSTEIN, Chief Judge.
Petitioner, Erma McGlothlin, sought workmen's compensation benefits for a back injury allegedly sustained in the course of her employment with respondent, Community Hospital Association. After a hearing the referee found,
'that the claimant did not sustain injuries to her low back arising out of an accident in the course of her employment but that the injury arose an approximate three and one-half hours later while she was attempting to shampoo her hair.'
The referee denied the claim. The claimant seeks review of the final order of the Industrial Commission which adopted and affirmed the referee's order. We affirm.
Claimant asserts that the evidence does not support the referee's finding. The record discloses that, over a three day period, claimant and two other hospital employees moved about twenty beds, half of which contained patients; that claimant got tired and her back became sore; and that after the third day she went home, rested for three or four hours, and then decided to shampoo her hair. When she started to bend over the wash basin she felt a sharp pain in her back and could not bend. She continued to work for about six weeks but quit when she and her husband moved to Nevada.
The medical reports of various doctors were in conflict, stating on the one hand that, she had a 'chronic lumbosacral sprain' and on the other that she had an 'essentially normal lumbosacral spine' with 'no convincing evidence of pathological process.' Her examining physician stated that based on the history given him by the claimant he had to 'assume that the injury in December 1970 (the moving of the beds) represented a significant, if not the only, traumatic episode producing the present system complex.' Such medical evidence in inconclusive. The Supreme Court, in Martin Marietta Corp. v. Terrell, 156 Colo. 407, 399 P.2d 791, stated:
'There is no proof offered by claimant that goes beyond the words used by the medical expert such as 'quite possible,' 'very suggestive,' 'reasonable to assume' and 'may have caused.'
'Medical opinion similar to that noted above has been held insufficient to establish a claim in a substantial number of workmen's compensation cases ruled on by this court.'
The evidence was susceptible to conflicting inferences as to the cause of claimant's injury. As stated in State Compensation Ins. Fund v. Russell, 105 Colo. 274, 96 P.2d 846,
'Though all the evidence produced may come from the claimant, and viewed in its most favorable light, support an award for him, if it justifies adverse inferences which the commission clearly draws a contrary award will be upheld.'
Here there was support in the evidence for the findings and conclusions of the referee and the commission. Therefore the Order is affirmed.
ENOCH and SMITH, JJ., concur.