[89 Ariz. 286] Engler & Hertzberg and Jeremy Butler, Phoenix, for petitioner.
Frances M. Long, Phoenix, for respondent Industrial Commission, Donald J. Morgan, James D. Lester, Edward E. Davis and C. E. Singer, Jr., Phoenix, of counsel.
This cause comes before the Court through a writ of certiorari to review an Industrial Commission award reaffirming a previous award wherein the petitioner was awarded sums of money and accident benefits for temporary disability due to a personal injury arising out of and in the course of her employment. Petitioner (Mrs. Frances Fern Hatfield) fell down a flight of stairs while working as a carrot packer for respondent employer. The accident occurred January 28, 1958, and petitioner was taken to the hospital.
At that time her injuries were described as (1) contusion and subluxation of lower cervical vertebrae with contusion of brachial plexus, and (2) contusion of left hip and back. Petitioner has bustained pain and discomfort from the day of the accident. Petitioner's claim was accepted by the Industrial Commission February 19, 1958, and she was sent to doctors for examination and treatment. One of the doctors (Alvin L. Swenson) indicated that at least until April 30, 1958, he thought petitioner's physical injuries were the source of her disability. On that date Doctor Swenson recommended that petitioner be examined by three doctors in consultation. As a result the doctors agreed (May 26, 1958) that petitioner should be able to return to light work immediately and her regular work in four weeks.
The Commission ordered petitioner back to work in its findings and order dated June 6, 1958. This action however was suspended July 1, 1958, when petitioner was hospitalized because of crippling pains in the back, legs and neck. While petitioner was in the hospital she was examined by a specialist in neuropsychiatry who made the following diagnosis in a report dated July 24, 1958:
'The neurologic examination is negative. The aches and pains are widespread and not accompanied by any objective findings. The symptoms [89 Ariz. 287] are essentially unchanged since January or February, 1958, despite various treatments and encouragements."
'It is, in my opinion, a conversion hysteria. For internal and environmental reasons, this patient may unconsciously have needed and sought the cared-for role, possible and permissible only in the present circumstances."
In the next few months, the petitioner saw several doctors, and September 22, 1958, another consulation board, noting that there was no objective evidence of disability, said that the recommendations of a psychiatrist (Dr. McGrath) were reasonable and suggested that the petitioner be returned to her regular work.
A third consultation board examined petitioner December, 1958, found no permanent disability, and recommended cessation of treatment and examination. Petitioner was discharged by Dr. Swenson December 8, 1958, and one week later, December 15, 1958, the Commission announced its findings and award, the following excerpts of which are important:
'1. That the above-named applicant (petitioner) on January 28, 1958 sustained a personal injury by accident arising out of and in the course of his (sic) employment.
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