288 N.W. 22 | Minn. | 1939
In denying relator's motion to reopen the case for the taking of further testimony, after the referee's decision, the commission was in the exercise of judicial discretion, and there is no indication in the record of an abuse of such discretion. There is a contention that since there was a division of opinion between the medical experts heard by the referee as to the cause of relator's present disability, the commission acted contrary to law in denying *97 the application to reopen the case and appoint a neutral medical expert for the purpose of expressing his opinion. We do not think there is anything in the workmen's compensation law making it obligatory on the commission to appoint a neutral medical expert whenever there has been a conflict of opinion among the medical experts heard. Notwithstanding such conflict, it is for the commission to determine whether or not more evidence is desirable or needful to arrive at a decision.
On the merits of relator's claim to more compensation than awarded, the assignment attacking the VII finding of fact as not being supported by sufficient evidence presents the vital question for review. That finding is:
"That some time subsequent to the date of the above-mentioned accident the petitioner became afflicted from natural causes and diseases which have rendered a permanent partial disability to the right arm, which permanent partial disability cannot be at this time determined."
Two medical experts in behalf of relator testified that his present disability resulted from the accidental injury received in his employment March 7, 1936, and two equally competent medical experts testified that in their opinion such accidental injury did not cause or contribute to the present disability. It is plain that under settled law this court cannot disturb a finding depending upon medical expert opinion where the opinions given are in conflict. The only two authorities cited by relator clearly so hold, viz., Jones v. Excelsior Laundry Co.
The writ is discharged and the decision sustained.