Opinion
Feb. 23, 1972
Editorial Note:
This case has been marked 'not for publication' by the court.
Tarter & Tarter, James E. Tarter, Weldon M. Tarter, William R. Tiedt, Colorado Springs, for respondents Albertson's No. 813 and Fireman's Fund Insurance.
Daniel B. Mohler, Colorado Springs, for petitioner.
Duke W. Dunbar, Atty. Gen. John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent Industrial Comm. of Colo.
ENOCH, Judge.
This is a workmen's compensation case. The claimant, Ethel L. Morphis, applied for compensation for injuries allegedly caused by an accident occurring within the course of her employment. The referee denied compensation and the Industrial Commission affirmed this denial on the grounds that Mrs. Morphis not only failed to establish that she sustained an accidental injury arising out of or in the course of her employment, but also failed to prove that the condition complained of resulted from an accidental injury. We affirm.
Claimant alleges that there is no substantial conflict in the evidence and that the overwhelming weight of the evidence is contrary to the Commission's findings.
The record does not support these allegations.
The claimant testified that while employed as a grocery clerk in Albertson's No. 813 store, her leg was struck by a grocery cart and that this injury caused phlebitis and other related complications. There was a conflict in the evidence as to whether she ever reported such an accident to her supervisor. Further doubt as to the occurrence of the accident arose from the fact that her two doctors made no mention of any injury in their original reports based on their initial interviews with her.
There was also a conflict in the evidence as to what caused the phlebitis. The doctors did testify that an injury to the leg could cause phlebitis. However, there was also evidence that ten months prior to this alleged accident, claimant had been hospitalized for the same or similar condition and it was then considered that her condition might have been related to her use of birth control pills. At that time, she discontinued use of the pills, but resumed taking them just six weeks before the occurrence of the phlebitis complained of here.
Faced with this conflicting evidence, most of which came from the claimant, her doctors and her own medical records, the Commission had the responsibility of judging the credibility of the witnesses and determining the facts. Breit v. Industrial Commission, 160 Colo. 205, 415 P.id 858. Where, as here, the findings of the Industrial Commission are supported by evidence, they cannot be overturned on review. Brown v. Industrial Commission, 167 Colo. 391, 447 P.2d 694.
Order affirmed.
SILVERSTEIN, C.J., and DWYER, J., concur.