Opinion
Rehearing Denied Oct. 10, 1973.
Alious Rockett, Francis L. Bury, Robert S. Ferguson, Denver, for petitioners.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colo.
SMITH, Judge.
This case involves a review of an order of the Industrial Commission in proceedings under the Workmen's Compensation Act of Colorado.
On July 1, 1971, Wayne E. Koch, claimant, filed a claim for compensation alleging that he sustained an injury which resulted in loss of vision in his left eye, while employed as a roofer for Pace Roofing Company. The employer and its insurer, Division of State Compensation Insurance Fund, contested liability.
After hearings, a referee of the Division of Labor, based upon a finding that claimant's loss of vision was caused by an injury sustained in an accident arising out of and in the course of his employment, awarded maximum permanent partial disability benefits for total blindness in one eye. On review, the Industrial Commission approved, affirmed, and adopted the order of the referee. The employer and its insurer have filed this petition seeking reversal of the order on the grounds that the evidence is insufficient to support the award, and that it is based on conjecture and mere possibilities. We disagree and affirm the order of the commission.
It is undisputed that on November 19, 1970, claimant while walking around a corner on a construction site, collided with some scaffolding causing a plank to strike him between the eyes. On May 15, 1971, a cataract was surgically removed from claimant's left eye. Subsequently, claimant's eye was operated on twice for retinal detachment. Both operations were unsuccessful and claimant has total loss of vision in his left eye.
The disputed issue is whether there is any causal connection between the accident and the loss of vision in claimant's eye. The medical evidence before the Commission is in conflict. A report of the ophthalmologist who treated claimant and performed the cataract removal stated that the cause of claimant's eye problems was dental disease. A subsequent report filed by the same doctor concludes that claimant's condition was related to and caused by the accident. The expert who performed the surgery for retinal detachment testified that one of the causes for the type of retinal detachment sustained by claimant can be traumatic injury. In a report filed with the Commission, one doctor expressed the opinion that the cataract and the retinal detachment were the result of disease. Based on the conflicting evidence the Commission found that claimant's loss of vision resulted from the industrial accident.
The evidence established, with a reasonable degree of probability, a causal connection between the accident and the subsequent disability. The Commission's finding is supported by sufficient competent evidence and is therefore binding on review. United Utilities & Specialties Corp. v. Industrial Commission, 160 Colo. 518, 418 P.2d 896.
Order affirmed.
COYTE and PIERCE, JJ., concur.