https://haylibrary.cvlcollections.org/files/original/1578c6ad6185377f341bc4070b0c7927.pdf 5bd4bcb3d54563c78102435d901b7c66 PDF Text Text c m.:1J?E:NSATI01'T CLAI M WASIL LE VKULIOH El.J?LOYE OF LION COAL CORPORATION Tran s~r ipt of Testi mony b y Jay Go ·wanner ~ MoDo I' J ., . �October 24 9 1935 Mro To SoTaliaferro, Jro, At torney Rock Springs, Wyoming Dear Mro Taliaferro: I am returning herewith transcri p t of evidence given by Dro Wanner in the case of Viasi}.__ , Levkulich~ e,n employe of the .~ion "C.oa:J_ C_om:p_anyo I found this _ testimony very interesting and have had a copy made• for our fileso very much for passing it to meo Thank you This shows the tredn of what some people are trying to do and which will probably get worse before getting bettero Yours truly, ·~' ____ , if! i l,'i ~A\fl~S~~ �\ !J ··• 11,. LaJT... O::lO 1oiJ10i ,,• ..'r ~ Taliui'e1·1·0' r lott :..- ·> ~o-'u!)cr -1:i: tll •;;; 10 toatit.10Lf -::of rrcd to. • �/ C O P Y TEE UNI ON PA~IFIC COAL COMPANY Rock Spring s, Wyoming October 10, 193 5 Jffice of • Attorney kr. Georg e E o P r yde, Vice President and Gene ral :Manag er, The Union Paci f i c Coal Company, Rock Spri ng si, ~yomi ngo Dear Sir: I hand y ou herewith the testimony of t vrn of our l ocal Doctors taken in a case at Green Ri ver on the 2nd day of Oc t ober, 1935, wherein Pal y') t he County Attorney and others claime d an em:9loyee of t h e Lion Coal Company wa s permane n tly, to t ally disabled fro m insanityo This ca s e involved s ometh ing around, I think, $ 8 ,00 0 oOO . This case will be of interest to you, becau se I think The Union Pacific Coal Company has one or t i.:70 simil a r caseso I vvan t you t .o read t he testimony g iven by Dro Janner, which i l lustrates the jeopardy we are in at a l l timeso I find out that I make a mista ke in a former case, wh ich mistake I avoided in this case, and I also avoided it in the Union Pacific case of Eugene Griglione. I think I told you the many letters an d messag es that I sent to General At torney Loomis. I had this transcription made especially for the benefit of 1:r o Bayless, a,nd I ask you to turn it over to him when you have read Dro '7anner' s testimonyo On second thought, I think it would be well for y ou also to get a good picture of how easy it is to get one Doctor in ten or fifteen t6give testimony, which will s upport almost any outrageous claimo If Dr. •:!anner ha d examined this -.;.rorkruan con s tantly fr om the ti me that he went to the Denver s pecialists, t h e Lion C~)al Company would have lost the case. It may be expensivei, and this case was ex:9 ensive for the Lion Coal Cortr::iany , bu t we must send our patients to the specialists near the ti~-e of trial a,nd after local Doctors have committed themselves. This case vJas ex1Jensi ve for me, the time that I put in on the case "b eing ,.-rn rth a g ood deal more than the Lion Coal Company will pay •:·e f er t"IT7 o ,r ears o Kindly treat this letter e,s confidential between you and Er. Bayle ss o Yours truly, {SGD) TST:kb T. s. TALIAFERRO, JR. �Th e S t a te of ·,f!yoming ) County o f Sw ee t wa ter ss. I N THJE DISTRI CT COURT In t l e 11 a tter of the Claim -ofemp lo y ee of t h e L ion Coal Co m~an y, r:1ad.e und er the Workme n ' s Com_pe 1sation La\'i . ',7A3IL L :J!1lKULI CII, No. 8215. Excerots Tr a,1scri-ot of 1?roceedings -o- Gr ee n Hi v er, '.'i yoming, Octo b e r 2nd, 1935. I • �J. G. WANlTER a r1i tne ss ca lled herein on beha.lf of the claima nt·, being firs t d ul y sy.rorn according to law, on his o ath testified as foll ovrn : / / Direc -- excunination by Mr. Galicich: Q,. b.. S t ate your name, please. J. G. ·:fanner. Q, . A. 7here do you reside? Ro_ck S rings , Wy oming . f"\ What is your business or p rofession? P hy s ic ian and surgeon . \:)J • .A. Q, • A. Ho vv l o n g have you been a physicia n and surgeon? About seven teen years. A. 0J . Ho w long in ':iyoming? Fifteen yea.rs. Q.. A. You are of the regular school of medicine? Ye s , sir. Q,. Do you know the injured v.iorkman, \Va sil ·Levkuli ch? Yes, sir. A. Q. . A. Have you ever attended or exwnined the man in your profess ional capacity? Yes, I have exarnin ed him several times. A. When did you first examine him? I examined hi m first -- I couldn't te.11 you the exact date, but it Y1as in the hospital shortly after his injury. Q, J,.. Do you know v:here he wa.s injured? Do you :mean the p l ace':' Q, . ii . Yes . I uno.erstood he was injured in one of the mines in which he m:-:s employ e d, while at his duties. r"t . Coulo. you tell us the month a.nu the year of that first e.x/::l.Illi- A. I don I t oelieve I ords . Q· Do you have them with you? I d on't h&v e the records o f the fi 1·st exmnin ation, but I have z ome records of the reports ma de since that time. Q, • h . n""- tio n? coulc.. wi tr.i0ut referring to my office rec- THE COURT: He was injured, Doctor, accord.ing to the report of the employee, on the 16th of October, 1931. �2 ,' Ji.. (Contin u ing) I sa,w him ap:p roxi ma tely pos sibly on t he 18th or 1g t .n of t h a t same mon tt. You n aae en examination of him a t that time? Yet=, I e xamined him. I examine d on e o f his ears , on t he injur ed si e , b ec ause he had been h~v i ng some bleeding , and Docto r Sanaers called me in to see him . I believ e he was su p.f)o se d to have been dizzy . Vi e 1Jer e tryin g to locate t h e sour ce of his injury at that time. I a lso examined s ome x - ray picti;,re.:: of h i m . . Q, , A. l o ,u , will y ou p le a se st a te to the Court what y ou found as a result 01 that examination~ At that examin a tion, the e ar drum had evidentl y bee n ru p ture d , and there wa s s ome b loody seru m showin g over tha t site a.t that exciJ11ination. The x -ray p ictures -- I ,.1asn 't able to see in them any defi nite f racture tha t rnuld in d icate a sku ll fr a cture. The man wa s we ak and appeared d iz zy v,h en he sto o c"; up, and no further examin •• tion wa s m&de by me at th a t time. He ~a s sent in l ater to me f or a check- u p of his he a ring and vision. Q, . i;)hen wa s that? A. That w& s probably abou t a month aft er the time he was in the ho s:pi tal. Q, . Nh a t did you find at that time? At th& t time the man complained of lo wered vision -- very i,oor vision -- and he had many other symptoms of dizziness ~nd pain in 11is he ad . He compla ine d of not being a·ble to hear on the one side. Fi.y examin a tion a t that ti :ne did not disc lose very much to a ccou:1t for all o f those symptoms. I e:x ~n i .E: c'i h im re1Je::.tedly, I ·would say many times, after t lat . .:3om e of those ex a:nin&tions were not mad e as a matter of record , but they i'Jere made as casual office examin a tions, 2na the:1 I made an exa~ni::iution or t v.ro after that, v1hen I be l ieve thG co a l company sent him, or through Doctors Lauzer ano. 3E,i1 ;:,i e:rs , e. n d then I made re gular reiJorts of those examinati ons . BL,t his symp to ms ci.uring those :i;,eriods never seewed to do v eta il ·.v ith the physical findin gs . \1.he 1 d i d you 1 .::- st examine thl s man? 1•':&;.) (' . ( J.-,. . I ref er to my records here? Yf:: :a . I ce..!mo t tell you the exact date, but it was in Se_t> tember of l 'i i33 , according to my last records, before he was sent to Denv er. '.'/.hect d. ia you find at that time? I was unab le to find any }:)hysical ev1aence to support the man's symp to 111 s at any time. I considered that either the man '-.vas malinc;erin 6 or that he had some symptoms or some �3 objec tive signs which I could not c orrel ate with t h e things he com_p l a i ne · of . I sugge sted to someone -- I don' t lcnow w:;.1e t ..,-1.~r i t was the Cour t or vho it ·:rn s - - a t that ti :ne t ha t the man be sen t f or a comp lete neurolo g ic al &.nd serolo ::,•ic a l ex ai'.'.1i nat ion, a nd sel ected three o r four men in Denver to do this \':ho h a ' no t p reviously ex o::1.1nine d the man. s I recall , he haa been e..-xami n e d in Sa lt Lak e a nd had been pronounc ed a m--: ~erer , but , to give t h e men the be1efit o f th e doubt , ·.:ie se -ecte d two ou tstand i ng men in Denv e r. But ou a s:!. ed me \7 11£:tt I found . The man always c omp l a ined that he could no t see. ~·11at ::& s his main comp l aint . He also co tnp l c,.i ne d that h e nas 'izzy, l..nd he h·d p ains in his head , and he could not he a !' ,"l i th one ear. I n my tests of h is vision , I wa s never aole at a ny time to g et him to co-o p erate s uff icientl y to f i nd out whe t::c1er he could s ee 01· not . He i::oul r efus e to re ;tcl a n r k in d o f a chart. '.' lhether t h e chart be he ld up t i,7.::m t y feet from him o r whether it -,,,a s he ld up in fro nt of his f2.c e, he s a id he coul dn 't see any t h in g , a ltho ugh he wa s ab le to g et aroun d f a i r l y s a tisf a cto r ily. 1 Q. Did you ever see hirn a fter that examina. tio n i n 1933? I 'TI sorry, but I cion 't have my office r ecords v, i th me , and I d on't kno w whether I did or not . At least , I don' t believe I made a ny reports on him after tha t ti me . Q,. Did you ev er see him when he was no t a t your o ff ice -- that is, see him c asually? I bel iev e I h&ve seen him on the s tr ee t, yes . i. A. A. Hov, , I v1ill ask y ou to state, f r om your examination of the viO rkmo.n - - ci.id you find any perman ent phy sical disability, o r did you find any - (Inter1)0sing) I would like to have tha t question put a litt l e differen tly, if possible, so tba t I may an s wer it more intelligentl.f . Do you mean , d id I fin d any objective signs, signs that I could see, of physical di sabi li ty? Q. Y~s, objective sympto"!ls. ·:,e spe :?..k of objective si gn s as something we can see, a nd subj ective as som.ethin 6 that the p a tient feels. 1 have n eve:r b een able to find any o ·bjective signs at all to account for his a lle ged trouble or symptoms. A. l'T ov·1 , in your opinion, do you believe that there are subjective sympto:11s or that there is somethine,; wrong with the man mentall y? Yes, I have formed a definite 01)inion in that regard throu gh this period of time in which I had observed him and in readin 6 the reports of the specialists wr10 have examined him, o.nd I have formed a definite opinion as to what I think his trouble is. "I/hat is that opinion? IJy opinion is that he has a condition known as po st- traumatic .., , . _ _ _- - - - - - , , . - - - , - - - - , - - - - - - - - - - - - - - - - - - -- - - - - -~--------__,__- - ,, �4 neuro si s , or psy chosis. I believe the ma n b elieves in h is o' m mind that these thin gs a re wron g with him . At fir st I wa s incli ned to believe, like the othe r men , t ha t the man •:JE. S n out- an d-out mal in 0 erer, but I am co nvi nc e d now t h at he i s not . I believe , if you wan t to s o call it, that it is a illild form o f insanity. Q, . A. I n y our op inion, is this mental con ciiti on due to t h e injurie s which he sustain ed in October , 1~31? In 1:1y p e rsonal OJ:)inio n, it coul d be possi ble . lL. . '1'.ALIAFERRO: I object to the an swer and move that i t be stricken out. He asked h i m, i n his opi nio n , di d h e consi d e r his mBn tal con dit ion no w the result o f the a ccident, and now he says, "In my p ersonal o vinion , I think i t mi~ht b e possible". That is si mply a gue ss. S '.J er THE COURT: i t . l1aybe that is a s definitely a s he c a n a n - TH1TI 'i/IT.NESS : I mi bht qu a lify . that, if the Cour t wishes , on this ba sis -- that t h ese c a ses a re compara tively rare , and much of our o p inion is f o rm ed on t h e _ a st r ecord of si mil a r c ases t h a t we h a ve read abou t or ha ve see n come up before other courts of a simi l <-<-r na ture. i.i:y findings are based princi pally upon t h e interpretation o f the reports of tlle other special_ists who have examined this man. MR. T..ALIAFERm: I o bj ect to his basing his opinion upon rep o r t s of other sp ecialists t hat have ex amined him. This is not a hypothetical question. THE COURT: I think I wil l let the answer stand. Does this ~e st-traumatic neurosis aisable this man from p erf ormin g work at a. t,ainful occupation? As lo ni a s it e xis t s, yes. A. Q, . I v:il L ask y ou to state v1hether or not, in your OJ;)inion, th e post-traumatic neurosis condition that you found to be p r es ent in connection with this case, or this particular v:ork1nan , Vfas il Levkulich, is permanent or merely temporary. I am unable to answer that definitely, but, to quote again from the authorities on similar cases, I would sey that many ti:nes in such cases as this, when any kind of a settlement has been made, either for the patient or against him, the neurosis will sometimes clear up when the patient's mind has been satisfied that the case has been settled. Doctor, are you a member of the Sweetwater County lun a cy co mmis s ion? Yes, sir . • �5 .A. Q. • A. What -vo uld you say a s to the mentality o f th i s wor kman? Is it t o rma l , above normal or . below normal ? J ot kno wing t he man before his present con dit ion, I would not iJe able to s a y d efinitely, but I woul d p robabl y cla ssify him as be ing somewhat below no rmal. From your e xamination of this man, Doc t or, do y ou lcnov defi nitely , or even approximately, when t hi s _post-t raumati c neuro si s wa s d eveloped or when it be c ame p re sen t in t he man t such an extent that he could not pe r f orm work a t a gain ful occupat ion? I un er s t a nd the man HR . TALIAFERRO: Your Ho nor p lease. I object to i."Ihat h e un de rst a nds , if A. You mean, since the injury? q,. Since the injury. It is my op inion tha.t tile tr auma ti c n eurosi s too k p lace i mmediately followin g his injury . A. Q. J,. . Q· A. A. ~~1d was present at t he da te of your l ast exami nation in September , 19:::i 3? Ye s , s ir. Could you sta te fro m your casua l obs ervati on of this man a ft er that time whether- t ha t con di tion sti ll e x iste d at the time you saw him, and, if so, appro x ima tely what time or da te tha t was? 'l'he only way I could ansv,er tha t is that the last time I p erson&lly saw him and examined him, it existed, a nd in talkin g to ~ embers of his family and others, t~e condition '/"S a11p a. re n tly the same v.rhen I would inquire about him. In o t..ri.er words , y ou ke11 t in close touch with this case sir.ce :Lts inception to the present time, is that correct? Fairl y close, through asking about his welfare from his o ther aoctors an d his n ife and one or t wo qf his children the. t I have s een. I 1:!ill ask you to state, to ascertain and to realize that this trauma tic ·neurosis condition exists -- can that be found upon one examination of a v:o:rkman or does that require & continuous study of the case? There are certain cases of traumatic neurosis which are demon strated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate ana yet v,e know they exist. Q, . P. . In w.rLich class would this one be'? I believe this is a case in which no physical evidence can be shown in the way of x-rays or tests to support his symptoms. �6 / /ct• . // _/ · ,,,,,(. /, A. ~ I '·"l .. • 11 as_ l c you, Lh • a case 1_1• k e th.1s, rererr1.n • g t o th'1s 1., en, 1n particul ar· case of this man, Wa si 1 Levkuli ch, could some docto1~, by examining him only once, determine whether or not he was sufferi ng from trauma tic neurosis or wo uld it require an c b serv ~t ion over a period of time? I believe it would be necess ary to observe any t ype of neurosis or p sychosis to determine whether it was presen t a nd to vJha t degr ee. ~_;;: J.. GALICICH: You may cross-examine . Cros s-Examina tion by iVi r. Taliaferro: Q, . Doc t or , when d id you forr-.n an opinion that the workman or claimi:tn t here iJl.ra S sufferin g from trauma tic neuro sis? \:'ihen did I form that opin ion? Q,. Yes, when d id y ou form that opinion? I believe I formed tha t opinion a fter the man V'Ja s e xamined in De!lver. A. A. Q,. A. Q, • A. Q, . A. Q, . A. Q. A. Hot until afte r he v,as e xam ined in Denver did you form that opinion? Yes , sir. Did you form that opinion, a s you h e.ve stated, from the reports that were received from these specialists in De nver and Sa lt Lake? The reiJorts would indicate that the man did not have a traumatic neurosis. And you formed that opinion after you had read these reports? Yes, s i r. So th a t y ou d.idn't for:n your opinion as to the physical and menta l condition of this claimant from what these other sur6 eon s ha 1e su.id? I v:as able to separate the v:hea t from the chaff, so to spea.1{, and from the hi1;hlights of' their findings, these comp lete re.i:>orts, I was ab le to sift down and correlate them, and. I formed my opinion from that source rather than from wha t the do ctors' opinions were of the case. You testified at one time that you arrived at that conclusion as to the condition of this work'1lan from what the s_fleciali sts had s a id about him_, v1ha t they reported? I did . You arr ived at it from what they said'? Yes, s ir. An a i t was , then, that you read between the lines ana determined that some of the things that they said were chaff and other things that they said were wheat? Yes, sir. • �? A. Anc:i that is the way you have arrived a t your pr e sen t con·clusio n? Not enti re l y. It is also from taking into consideration my past dealing s personally wi th the pati ent and my examinations of h i m o n many occasions. A, Bv. t you h a ven 't exa.i11ined him since h e returned fro m Denver a nc.l 3alt Lake, except to see him on the street'? Acl:or cl i n, · to my records, I don't believe I have examined him . Q,. I say, you h a v en' t exrunined him since ·you sent him t o De n- A. ver-? He h a s been s in ce tha t, yes. Q, • He wen t to May o s ' si nc e then. Q,. Have you exai-nined him since he went to Mayos'? Ho, sir. Q,. Then v1ha t is the use of bringing in that )K ayo busin e ss? a skin g d irect questions. Yes, s ir. - A. A. q,. A. Q, . I 'm Now, the fact of the matter is, Docto r, i n Sep t embe r, 1 933 , you made a statement, did you , over your own si gnature, ,,ith Doctor Lauzer and Doctor Sanders , that y ou v, ere un able to tell that this man wa s suffering fro m any :pbysical or mental condition, an d recomme nded that he be sent to other specialists? I don't r em ember my re port without seeing it. I I j. I I '11 sho w it to you ( handing paper to v1i tness). See if you reco gn ize this. See if you recollect it. I hand you a copy of a let ter, and see if you can identify that as being a letter t hat y ou wrote. 'Yhe origin a l, of course, is in Denver. Yes , s i r . You wr ot e that letter, did you? Yes, s ir . i,nu the d ate of it'? 3ep te~ber 11th, 1933. Q, . You hav en 't examined this man since t:Cien, have you? I don 't b elieve I have. That i::; wha t you have testified to. I don't recall any. On Septe~ber 11th, 1~33, you addressed a letter to Doctor Frankl in G. Ebaugh, 4200 East Ninth Avenue, Denver, Colorado? Yes, sir . • �8 Q. A, Now, b efore going further into that letter, I will ask you if you reco llect joining in with Doctor Lauzer an d Doc tor San d ers in a letter to llr. R. Y. Gibson on March 22nd, 1333. Yes, s i r . ~- In that letter, you st a ted lli1 . GALICICH: If the Court IJlease, if they a re ·oi ng to q ote from the letter, why no t of fer it in ev i dence? The let ters are the best evi d ence, and we would lik e to see th e lette rs . , nr . T.ALIAFERRO: I '11 introduce th em , if you wa nt me to, afte r tney ere identified. LHL GJ,LICICH: But you were asking wha t wa s i n it . weren 1 t identifying it. Fill . T_r I AFERRO: 2-IR . GALICICH: You Do y ou wan t to see it no vt? We vmuld like to see it. We c an po ssi- bly s a ve time. :i\JIR . T.P-LIAFERRO: I thin k we can s av e time if you will let me cross-exru~ine hi~ as to his reco llection of the records. (Whereup on, a pap er yvas marked for id entification as Employer's Exhibit A) . 1:1R. Ti\I.,IAFJ~RRO: I would like this letter to be admitte d in evidence, if Your Honor please. :'i ll . GALICICH: Q,. No objection. In this le tte r of Harch 22nd, l';lo3, marked Employer's Exhibit A , the following appears -\'/e e:xami n ed him very carefully and could find no evid ence of any uer.'.Ilanent disability as a result of the a ccident , unliss his present mental state is the.result of the injury to the head. This cannot be verified by x -ray or any other means at our command 11 • 11 ' ,n (;. t h.;..t is sii::,ned by Lauzer, Sanders and 'Nanner. Now, what otller :n ea.ns, since this workman was examined by these Denver s ;_.i.r g eons, has been developed by which you could find out personal ly, yourself, about thi ff: You hadn't examined him, you stated? Ho, sir. ':,7hat I am getting at, Doctor, is what you read in the reno rt0 of these surgeons• That was the only other means you had , i zn ' t that true? �9 t-1a t is not true, in my sense of t he interp retation of it , as to what other mea ns I h ad . I rely u 1)on my au thori ti es in med icine, possibly like an a ttorney relies on his authorit i es in le gal matters -- his bo oks -- and my opinion has been molded d uring th a t time b y my past o b servation of this pati ent plus the reports which we have received since . A, .ifo, Q, A. P l us t b e rep orts? Yes, sir . Q,, In othe r words, you have chan g e d y our 0 - ,m opinion of the matter without ~ny foun da tion wha tsoever a s to examinati o n, e x ce pt the r epo rts of t h ese Denver surgeons? Ye s, sir. A. 0 Q, . A. And that is the way tha t y o u h a ve changed y our op in ion? I h ave changed my opinion by a cor relati on of ray p a st exami n a ti ons with the addition of these other repo rts. Q,. But those _past examinations were to the effec t, ac co rdin g to your lette r, t ha t you had no means at your co mmand. That i s ·why we sent him dovm there. A. Q,. A. Q. . A. That i s wha t you say Tha t i s r i gh t . that you had no means? Tha t was true when you sent this lette r , wasn 't it? Yes, s ir. A. The fact of the matter is, when you co me down to it, that you h a ve s i mp ly changed your thought si nee y ou examined t1is man? Yes , I have. Q. u .Anc. that change has been ma.de without any examination of him A. Yes, sir. A. .Ana. that change is in violation of the opinion of these d o ctors , these Denver surgeon ff? Yes, s i r . b. fo v1 , Doctor, you say that you v,rote a letter to Doctor ~:r-;:i.·,1klin G. E'baugh on September 11th, 1333? Yes, si r. Q,. at a ll? l!lR . TALIAFERRO: I think I v1ill put this letter in, too. I!IR . GALICICH: No objection. (-;,'hereupon, the paper in question was marked for iden tification as Employer's Exhioi t B). ·- - • �10 What is y our specialty as a physician and s urg eon, Do ctor? I specialize in eye, ear, nose and t hr oa t. is a neurologist? A neuro lo gis t is a man who deals \' ith the br ai n a nd nervous syste~, principally. i.'7ha t Are you a s~ec i a list in t hat? lfo, sir. ~- In this letter marked Employer's Exhi b it B , you sta te -- A, 1 have been a sked by Ivi r. T. S. Tal i a ferro, a ttorney of the coal companies here, to co ntact a neurolo gist in Den ver for the 1Jur_pose of a r rang in g an examin a tion f or an emp lo yee of one of these companies" -and you 6 0 on further and name Doctor Edward Delehanty . You asked h im to contact a neurolo g ist? Yes, sir. c;, . And then y ou further say - - A. you and a nu. you :W o , 11 " As regards consul tat io n I ViO Ul d like to subgest that call in a nother neurolo g ist in rendering your report, any of the follo ~1 in g men would oe acc ep t ab le" -then you give the name of Doctor Ednar d Del ehan ty. lT ov: , testified that you a re not a neu r olo gist? sir , I am not. Do you kno 1:v v(bo Doctor Delehanty i 5-? Yes, sir. He is a neurolo g ist in Denver. Is t hat his special line in the profession? Yes, sir . Q,. Do you recogn ize him as being a competent, efficient and skil lful neuro lo 0 ist? Yes, sir, he is a very gooo ma n. You 6 0 t G. re 1iort from him, didn't . you? Yes , sir . A. A. Did you come to your conclusion or your opinion -- this opinion that has been formed since the re1-1ort was given by Doctor -elehan t y -- from that report, did you come to your conclusion that this man, this workman, wa s suffering from an i nsane delusion? If I believ ed his re.l?ort, I would think that the man was m&.li ngeri ng in :putting on all of tho s e symptoms. So you d i dn' t come to your present conclusion as to this m&n' s me n t a. l condition from anything that Do eta r Delehanty, v1ho is a neurologist, has said? 1To , sir. �11 Q,. Their repo :rt to y ou was exactly opposite, wasn ' t it?. It ~as t l~t he - couldn ' t f ind any evi ence of any men tal trouble t i t h him? I don ' t rec~ll the gist of his r eport. Q, . .A . Gene n:.lly , uasn' t tha t his repo r t to y ou? Genere _ly, his conclusions, as I remember t hem, were that the m.. n ·ms a mal ing·erer and that he had nothin g wron with hi m .:.;.r: · th&t he was putting on. Q,. i-.. . Eiti1er ~?:. ,::; ntal or pbysi c al? Ye s, si.r . Q, . 1 Ther efore , t he conclusion that you made wa s co ntrary to \'Jhat Doc tor Delehanty informed you? Yes, sir . Q,. A. So his report didn't enter at a l l into this concl u s i on of y o 1·_1· £, th.:..., n e1.:; c on cl usio n ..i? There vJere many things i n his report r:hi ch elirninc.Lted and cleared UJ;.l :po in ts th.1 t were not l ear· in our minds as to o the:r men t1:,l an d pby si cE:.l n sp ec ts of the c as e . f . Do you ~n o~ Doctor Fre d S . Ha lst ed? Yes, s ir. Q.• L. ·:1na t is his specialty? I think he do e s e a !' , r..o~e a nd. t hro o..t . I don 't know whethe r he c; oe:::: eye YJork or not, but I kno v1 he oe s e c'. r, nose a nd th:ro a t. Q• A. Did you get 2. r eyort fro m him? I have a copy of his report, yes, sir. I don't kno w whetler i t was sent to me or- not, bu t I t h ink I have a COJ?Y here. Yes , I hc..ve copy of Doctor Hal~ted' s re1-1ort here. A. r Q, . j:,. , Lid you fern this later conclusion of y ou:cs from anything t hat he s8.i u i n his re;,o rt to you? lfot &Dy mo.r:e th&.n I dia from Doctor Delehanty's report. .;;; a. hie report wa s cc tD in s t the finciin g of any mental tro1J.ble ·;;i tr tiJ.i s 1."J o rkm&n , vmsn' t it, a s he reported it to you? I cc:.r;not u1sy1er th&t v1 ithout re a6 in 6 his reiJort over-. I cci.inot r·ern.embe1· a ll that he saici. in the reyort. Tl'~e ~· act o f t he ma.tter i::;, Docto1·, tha.t you dic..n't pay much &_tt6nt ion to what these doctors in Denver that you h a d refer~ed this man to said, did you? The f~_ct of the matter is I paid considerable attention to • .:he.. t they said. J. . You F:eren' t guided by them in a ny ':Jay , vrnre you? Ir; maJ.cine, u diagnosis, I make it by a process of elimi nc..tio n , and by readin~ the reports I was able to elimin~te c ertc.in :ff-actors,, v;hich I apprecic:lted and. valued their relJo:ct s for. �12 So y o u ha~e co me to this concl u sion, no t f ro m subsequent e :c:filitia."j.ion o f this .o rkman, but fro m anal zin E; the r eyo rt s t h&t t he se doctors mad e? 1:Tot entirely . As I st a te d before , it was fr om my co rrelati o n _nd ~y pre vio us fin din g s in t h is case , plus the se r e :f)or t S • l'To ':,' , on the 11 t h d a y o f to l' :Sbc:;U€,h - - Q, . Se p t embe r , l 'J 3 j , you s t": ted t o Doc- 1 t h2.s be en my op inion fro m the v e r y s t a rt that the pati ent has malin f ere d, esp ecially a s to loss of vi sio n , a nd I 2.lll i n so me dou·bt ~s to his los s of hea ri ng- . Thi s has a l ~o been the o p i n ion of o the :r men ·who have exruni ned h i r:1 11 • 11 Thc.. t Ye s , s i r- . 1.. •!i c. s y ou r· tho ugh t in Sep t ember, l<J3 3, wasr 1 t it•t 1dho is Do c tor Ebaugh. Doctor Eba.u gh is con s i d e red a ver· r h i 6 h - clas s man i n h i::; p rofe ssio n a s a neurolo g i st . In what? In neurol o QT. J J.•. Th at is, in mental Gisord ers or n e r vo us a isord e rs? Ye s , sir. He is considered a very hi &;).'i-class man? Yes, sir. And. that is not your specialty? E o, s ir . .h. . -.. . . n u, t1o t-i.·;ith s tanuing t h e sta tements of Doctor Ebaugh maue tc y ou, ci. nd the statements that Doctor Delehanty made to ~,r o u , \'i'ho:n yo u :re co m.m eno. as being high-class men in that li ne ~- you <i o, do y ou not? I a.o . ( Conti m:.ing) -- you formed, since you saw their repol'ts, a. d iff e r en t opinion? Ye::; , £. ir. J.;na yo u f o1·rned that opinion from their reports &nd not from a n e xc;..mination of this workman? I d idn't say that. But you s a iti you hadn't exrunined him since? I E:&. ici. ny present opinion is formed from my past frequent e:.:Lmino.tions of the man, plus these reports. Q, . L.. So you had no such past o~inion on Se~tember 11th, 1~ 0 3? I.!y 01:'inion before that was that the man was malinger·ing,. I am fra nk in so stating that I thought the man was a malinl,erer. • - · - -· - - --- ---- �13 Therefo1·e , y ou r op i n ion since t ha t ti me, or y o u1· p res ent o pi nion, is a)J p a r ently formed in t he f ace o f the reyorts of the se specia li s t s t ha t y ou ~ef e r red t h is man to? Not ent.:.rely . / Q.• 1-\.. Q, . A. Q.• A. Q,. A. Q, . A. F:ro n v:ha t, i f y ou haven ' t exam i n e d him? M:y o_)i nion has be en f orme d by t he stuuy o f case re.J::l orts a n d r e 2.ding of a uthor·ities on similar cases , a n o it is my OJ.)i n ion th&t the re is no methoci of e xamina ti o n that can d emon s t r~te pny s ubjective evi d ence o f in j u r y in t his man . Why d :i. d. you sen u this workma n , a t yo u r r equest maci.e to me - VJI"J,)l d i d y ou send him to Denver to b e examine d by these do c tor s'i . -" p o ssib l e. In o 1·der to c l e a r the case up , l.1. You at that time had no o pinion o f t he mat t e r, and you wer en I t an e:XfJ ert in that mat te r? IEy op i nion i'tas tha t the man ·wa s a mal inge r e r. 1.'lhc.. t h as o c curred since t h en t o chan ge tha t opinio n'? I Yli 11 repeat what ha s occur re d . I make my d i c:i. no sis by a proce s s of eliminatio n . I h a v e taken into consiae ra tion my p a st e:x a1nin&.tions of the ma n, a n d my tho u 6 ht s a. nd op inions a.t that time, and the r e:µ orts that wer e fu r ni shed by the Sa lt Lake doctors and t h e Denver d octor·s an d t h e :Gayo Clinic, a nd my reading of medical books, b oo k s o f au thoi·i t~ , on si milar cases, and that h a s molded my present op inion. That has mcl d eci. your present opinion? sir. Yes, Q,. Ano. i t has cr..an g ed since Septemoer, l'J33? A. Ye s , s i r . A. Q, . Ana you ar e not an expert upon mental and nervous diseases? . Jo , s i r . Q, . Yiill you giv e me the doctor books that you have read, that A. you have r ef e rred. to that you have read, upon this matter of men tc:J. disorder- s, since the 11th day of September, 1~33? I cton 't su J.)1io se I coula quote al 1 of' them to you. L. Q, . A. Q, , A. arj ke d you for the names of the books. · say , I don't sup:po s e I coulc. q_ uo te all of them, but I h a ve re:;;.6. \'ie·bster' s Legal I!Iedicine ano Toxicology anc. Warbasse on Surc e r y. I I Di d they deal especially \': ith traumatic neurosis? 'l'ha t is the subject I v:as interested in. I dicm't ask you that. es:i,,ecially. Ye s , ~.ir . I asked you, o.id they deal v1ith it �14 Q,. A. You re2.d th em. Don't you know whether t h ey dealt wit h thin or not-? They d idn ' t deal with this case, but they aec.:.lt with similar ce.ses. A. Did trey deal with thi :.:1 question? Yes, S il.._ . Q, . A. Tha ~ is t YJ O a u thori ti es? Yes, sir- . Q,. 1 :T oen d id y ou read them, Doctor? Oh, I read them , one of them, within t h e last we ek , be c a u e I thought -To get r e-dy to testify in this cas e? I thought I would be called upon t o give a n opin io n . Q,. A. Q,. Then your op inion from t hes e books h a s been made \'li thin the last v:eek? No, si:r:. Ho w , re~ciini these t wo books has influen ced your op inion in this c&se, isn't that true? Ho, sir. They did enlar.; e my viei;- .,point or· refreshed my memory, ·oecause I thouk)"1 t I vi ould be c a lled uyon to testify to 'l;Jha t I thought trauma tic neurosis 1::as . You say you &re not an expert in tt.at? Ho, si1·, I eIJ. not. Q. . A. But y ou &.re a specialist in eye, ear, nose and throat'? Yes, sir. Q, , A. That i"' what you h av e studied, isn't it, Doctor? I he.Ve studied ~ eneral mect.ici ne and surger.1. I serve on a J.un ccy commiss ion, although I am not at all an expert on ins ~ity, and d o not prete nd to be. Q, . J,. Ju dge oi' a court serves on a lunacy commission, doesn't he? A. Yes , sir . :Sut I am not testifying here as an expert in this c as e as to mental conditions. Q, . Th en ·,nhc:..t you have said here is not ca.S an expert? hb2olu tely no. h. ;LR . TJJ.,I AFEHHO : That i s c1.l l , Do c tor . �/ 15 Re d ir ect-ex amination by Tui r. Galicich: Q,. A. Is that yo u r opinion a s a doctor of medicin e? It lffi . G..A.LI CI CH: That i s all. ( Whe:reupon, the witness -o - ms ex c u se d) . �/ / 16 E. S. LAUZER a witness called herein on b eh a lf of the claimant, being firs t duly sworn according to law, on his o a th testified as fo llov1s : Direct- ex~min a tion by Hr. Gali ci ch: Q, State yo ui name , please. A. E . S . Lau zer. Q, . Yihe e co y ou reside? Ro ck Springs. A. Vlha t is your 1-Jrof ession? Physici an and surgeon. HovJ lon g hc.rve you been a physician a nd surgeon? Si nee 1 ~05 . A. At v'.'1'1a t -p l&ce? Ro ck Spri ngs . G,. A. Were you in Wyoming n ll of that time? All of that time. Q, • A, You are a graduate of what school? University of :Nebraslrn . Q,. A. Do you know the injured workman, \Va sil Levkulich? I do. Q. . Were you ever Co.lled upon to treat hi m in your professional c 2:i;iaci ty? Yes, sir . Q, . A. 0. J I v illas~ you to st a te whether or not you were called upon to tr eat him in your r)rofessional ca.paci ty during the month J. • of Octo ber· , 1931. Yes, sir . Q, . A, On uh&. t Cla te'? Oct obe r 16th. :Ihere di cl you first see the vvo rkman? s::-x, him first at the hospital. Doctor Sanders went first to the mine and picked him uy and brought him to the hospitc.l. 1 I You er:,,y he v1as injured in the mine? Yes, sir, the Lion coal mine. Did you see him the same day that he was injured? Yes, sir, I saw him after he entered the hosyita.l. �l? / A. Q. . A. Q. St a te to the Court vvh a t you found in your ex amin a tion o f t h e \'torkm2.n , At that t i me I fou nd he had a sli gh t l a c e rati o n on t h e r i gh t sid e of the h ead , some wha t ov e r the r i gh t t emp le , an he wa s bleed ing a little fro m the ri ght ear . He wa s in a s l i g ht stup o r a na a s t at e of shock a t the ti me. Was he con scious or unco n scious when y ou saw him? He was s emi -conscious. .A . Ho w l o n g o i ~ he stay in tha t semi-co ns cious c on di t i on? Aoo u t t y:o d ay s. A. Was h e y our p atient? He wr s tr e at e d by me, ye s , sir. A. And y 1.'.r hom else? Docto r San d e rs. Q, . A. Doctor- Sand e r s is your a s sociate? Yes, s ir . Q,. Ho w long did you tre e.t this man ? I treate d him right alon g . I h ave tre a t e d him until the pres en t ti me. When did you last examine him? The day before yesterda~ he wa s at the office. Q, . A. A. Did Hr. Levkulich suffer any disability, any physical or objective disability, as a result of that accident, and for how long? He v1a s - - you mean ho w long has he been di sabled? Ye s , h o r; lon g m s he di sabled, that you could show and see h is d i s5..bi li ty? He left th e hospit al on the 24th day of October of the same ye a r , l ;J~ l, b u t a.t that ti me I didn't figure he was ab'ie to ,_,1o rk, and it has been going on up to the present. We 'never hav e b e e n a ble to decio.e -- that is, at least, I haven't \·;l l 8 t er h e ha.s any physical d.i sabi li ty now or not. I n y our examination of the workman the day before yesterday, a. id y ou find any di sa.bili ty v,batever, either physical or men t&l? Th e only thin 5 I could decici.e anywhere near was that he had s ome kind of a mental depression, but what it was, I could no t sey, but as far as any physical defects, I couldn't find any . 'Uh.en dici you first discover this mental disability? Oh, it was sometime after he went home, but I don't know ho w long afterwards. �/ Q. A. 18 Do you huve a ny idea as to the a pproximate time? No . I . t h i nk - - that is, h e wasn't entirely -- well , I just could n't say , but sometime after he went home, bec a use he v;a s sort of depressed while he was at the hosp i tal, a nd then we thought we would let him g o home a n d it would p rob ably c le ar up a little better, but i t apparently di6n' t and it is still there . A, \'lould you say this mental condition is the r esu lt of the inj ury thu t h e sustained in October, 1931? l\To , I woul dn 't, because I can't prove it. I don ' t k now . Q, . A. My 01,i n ion is that :t have a lways f elt th a t Q,. What i s yo ur opinion in the matter? there must be some con n ection between his mental condition no • a 1d the ac cid ent, but I never coul d , p oint out a nythi n g that I co u ld ab solutely stand ~n by any method of examin~tion. Q.• A, Do you mean p hysically? Physic ally or any othe r way . A. ·:mat is the extent of this man's dep ression or mental disability? Does it incapacit a te him pa r t i a lly or totally? It apparently is total. At lea st, he feels that way . Would you say that h is mental con dition is y errna nen t or merely terqJorary'? I don't know. It has been g oing on so lon g , I don't know whether it is permanent or wh ether i t is something that still may be cleared up. .n. Do you knoY✓ how he sust a ined his injury? A timber hit him on the head. Q, . A. Ye::. Q,. r The e:xcilllin&.tion sbowed th&.t he was struck by a heavy object? n -L "-ALICICH: You may cross-examine. Cross-ex c.mination by Ur. Ts.liaferro: Doctor, all you kno w a~out any mental aisorder that he has is v.' !,£.: t he say s himself? Thb.t is a ll. That is all, but we can't prove it. And you don't know v1hether what he .s ays if feigned or fraudu l ent or whe ther it is true? Tio, I don ' t. I don't know . Q, . 1-.. Q, . .And y our conclusion was entirely drawn from v;ha. t he tells you? Yes, sir. Are you a n exgert, Doctor? Is that your specialty -- in mental and nervous diseases? I I I /. �/ 19 A. No, sir . Q_ . You con curl' e d v:i th Do c t or 1.7, n n e 1~ that thi s man shoul d be s ent to sp e ciali s ts on nervou s d iseas e s? Ye s, s i r , b ec au se we felt we wer e n ot ab l e t o mak e a n euro lo g i cal e xwn i na.tion. J... . q. A. Q. • A. Yo u c oul -n 1 t f in 6. any e vi denc e o f men t al ci i se ase ex c e p t wha t h e to l ei ·,rou? T: _&. t i s a l l . Do ~o u 1-::n o\v Do cto r Edwo.rd Delehanty? Yes, ~,i:r.· . Q, . ';Jhat i ~ h i s r eputa tion a s a men t a l s ur g eo n a nd .i: hy s i ci a n? Ee is o n e o f t he h i €,;hes t cl a s s men in th&t li n~ in thi s ·west e:r-r. country . Q, . A. ,:Joul d h is o p inion h a ve inf l ue n c e wi t h y ou as a ph y s i ci a n and sur Geon o n a me nt e l ma tter? Ye s , si r , it ~ ould . I n o u l d s a J it would . o. 1. No , I Do you kno w Do ctor Halste d? don' t. I h a ve he a r d of h i m, but I d on' t kno ~ h i ~ . Do you k n ow o f h is revut a tion? I hava heard o f h i m by reput ~ ti o n , y e s . '(Iha t i s i t ? He i s a n o s e and t hr oa t sp eci a li st , as I r ec a ll it. Q, . A. ':That is h i s r ep u t&ti on in t ha t f i e l d? It is gooci. . q. Yo u don 't k now h i m personall y? A. ITo, I don't . ., . 3ut -o u ao lrno v, Do cto r De leha nty ? Ye ::; , si i.' . i '> . :.> Do y o u k no w Doctor F . B . S te~henson? A. 1:o , ! don I t . (:, . Do y o u k n o vi c:.n y t hing about hi s rep ut a tion? I Cc.' ,' t s&y t ha. t I do . J_ . Do y ou k no 1 Doctor Ebaugh? I do n 't k no VJ him person ally, bu t I kno·w him by rep u ta tio n , r_nd I ha. Ve had corresJ_Jon d ence with hi m. Q, . \/11.:;, t is b is s _p eci al ty? J• . He i ~ a neurologist and psychiatrist. .J: .• Th at is , men tal a nd nervous d i s or d er s? Ye :::, s i r . �/ 20 A, ':'.lh&..t is h i s reputat i o n? Very high- class. Q, . .'fo a l .. . ·o u oe in f lue nc ed i n fo rmi11g a n op inio n by wha t he .A . Yes , I q, . f~ o I n E. m en te.l Y ~ ~, s i 1~. ' u. Do you kn ow Do ctor Kerby of SE: 1 t L a l e City? i, t. . 'Jh t i s hi;:; s llecialty? x - :ray . Q, , A. :.'hat i::, his re1Juta tio n ? Ye s , ~ir, firs t-cl as s. 1· J,. . In t he exami na t ion o f g_ n x-r ay , 11 oul d you be gui ded i n any way b y his sta tement~ Yes , I 'i!OU l d be incli ne d t o a. cce1. t hi s d i a 0 no sis . Q• , ~. Yes . Q· '!OUld . c a s e'? I s he skill ful in that? Do you k no w Do c t o r Etiuin Tianson Nehe r? A. '.!hat is h i s s:g e c i a l ty ? .].y e, e : c r , nos e and tl1ro a. t . Q. Do yo u kno w h i m pe rson a lly? A. Yes . q, . '.'i11 c1. t C~. A. q. is his s t (:).n u i n 6 a s a s:p ecialist in th a t regard? E~ e;h-class . wha t h e said? "· · \'lould yo u be g ui ded. a 6 o o d ae al Yc=E, I ,:;o u ld, i n t r.1£i t lin e·. Q, .A. I 8eQn, in that s p ec ial b Tanch of me dicine and surgery? Yes , I v:01.,;,ld . by Do J o u kno w Docto r Fo ster J. Curtis? Yes . Of ::]E. l t Lak e Ci t'J ? Yes . C. A. -.Ih ctt :i.. s hi s speci e. l ty? He i~ a n eurolo g ist. t.:~. " ~ental a n d nervous diseases? A. Ye3 . Do y o u kno w him p ersonally? J,. , Yes , ~:d r. ) I �21 ,l'hc,..t is his reput2.tion a s a s_peciali st in me nt a l a nd nervou s d i s eac::es? Very h i 6 h -cl ass . 1 'v . ; Yf11at i;ould you t hi nk of a r e_po rt m de by h i m? i 1f : !. uenced by it? A. i1 , Yea , I ,·rnul d . 1 V/ould ou be I vrn ulti g, ive it dee2 consiae ration , a t l east . Yo u think t~-ie y a. re -~i o rthy of con s id eratio ? :...:ir . Y ~. Tha t ' s all . Redir ect- examination by Mr . Ga l i cich: A. i. . ~A. ii. . Go ing back to the worknan, ',Va sil Levkulich, Doctor , ·n your opinio , Vi OUld y ou s ay thi s man is a ma lii1gerer or t i1at h e is actu&l ly suffer in g fro m a men ' a l d isorde~ I never fe lt, a s I state d before, th~ t he was a mal ingerer , en tirel· · . There were s r.ie t h i nt;s th;;__ t h e exagg er&..te d - no que st ion abo ut it -- bu t hov1 .!11l,ch , I cou ldn't aec ide. You woul dn' t say he is tot a lly m~ling ering? Ho, I ·:,o Llldn' t. Do you feel there is mali n e-;ering? :!es, I do . ment a l u i sabili t y in • ddi tion to Goulci y ou esti mat e that, or in any V! o.Y give the Cow:·t some iae a as to h ov; much y ou t hink is put on a nd ho v.1 mu ch is a ct ,&..lly e.. m0n t al state? I rwuld·1 1 t eveu a tt e1"1:pt to, because it c an' t be done. \ ✓ e c~n't ~eos~re it . tha t is t h e rea s on we sent him t~e l a st ti:ne to the ~.:i..::iyo Clinic, a nd they coulcrn' t do it. h ere~: TH.i!.'. com T: Is th& t Hayo Cli ni. u report _in the file ~-11 . 'l'ALi i.JTiRHO: :I'To, sir, I don't think so, but I ':Jo u ::!..cL, 't object to i t bein1:, pu t in. HR . G.ALICICH: ._,_1;; Yes, that is agreeable Vvith us. ( '.'l he:ceup on, t wo papers v,ere mc:.rked for icientification 11,rtryl oy er' s Exhi.oi t C &nd Employer ' s Report D) . J1xc~?!'L!. i1 a ti on by the Court_;_ Cl , r,. '.'Trn::a.t is your interpretation of that report, Doctor? '.:.'he;. t t her e is sol'!le rel a.ti on shi,l) - - they feel the same &s V'le hc..ve e:x.vressed here -- that there is some relationshi p bet ween the injury and his mental attitude, but wha t it i s, v✓ e c an't substc:i.ntiate, and there is no way of proving it . �/ 22 .hec r oss - exam inc. tion by U r. Tal i a ferr o: 8. J.'J. . q, . Call ing y our at t en tio n t o th e l a st p a r ag r aph he re - - 11 The presu'1n tio n is tha t in jury i nduces stru c tur al c.; han ges o f a suff ic i e nt d e g r ee to a l t e r ou r s ubjec ti ve processes" th~:, s i mp l y me an s t ha t t he r e i s a presumyti on? Ye s . A, (Conti ui n g reading ) -- "bu t we are no t in a pos i tion to fi n - phy sical s i g ns to co r res1Jon d Vii th t hem11 • E..x act y, · nd t hct t wa s ou r t ho u gh t -- we co u l dn ' t find i t . ,J., . A, Y.1 as tha t y o ur t h ought? Ye s , s i :r . :'.'.l . T.i'.iLI.AFERRO: conce r n ed . Tha t i s a l l, Do e t a r , so f a r a s I am Exc::mi nec t io n by t h e Court : Q, . Do cto r , a r e y ou a c qua i nt ed viit h t h e se t rauma t ic n eu r o s i s ca s es? Do y ou us ual l y f i nd p h ysic al sym- to ms to explain the men t - 1 co nd i t i o n o r no t? Th i s trauma t ic neuro si s iz a co mp a r · t ively r e c en t di se as e , a n u i t is r a t h er in d ef i ni te . Tha t is, you may h a ve a n i nj ury t o a le g , a nd y ou h a v e a pe cu li a r l o t o f sym}.J to ms t here and you c a n' t a ccount f or th em in any o ther way , bu t b e c faus e you have an inj u r y it wo u l a. b e .9rob a bl y cla ss e d a s a tra--..una t ic n eu_rosis. I n t h is c a se , the injury is to the h e ad, and t h ese pe culi a r c ondition s hav e co me on. I knew thi s man b efore, and, of course, h e v1as a little belo w norma l int elli g ence t h en , b u t si n ce then this h a s bee n a g gr a ·vat e d , bu t ·Hhethe r it i s the a cci d en t or something e lse , v, e do n · t kn o w. You .<c t one time t houg..ri t h e wa s a maling erer, didn · t you? Not en t ir el y , n o. I k new some of it was, but I never though t h e \'JaS ent i r el y a maling erer all the time. J.-_ . You sti ll t h ink tha t pa rt of it wa s ma lingering~ Yes , s ir, I thinlt par t o f it. l,. . You t h i nk he is putti ng it on? ::o me o f i t , yes . Q, . Bu t y o u don' t kno w ho v1 much'? lfo, s ir. We can't differentiate. THE COURT: That's all. Re cross-examin a tion by Mr. Tali a ferro: Docto r , in Doctor Deleho.nty' s cross-examin a tion in thi t'.;i c &. se , on Interroga tory No. 4, ·nhich is as follo ws: �23 11 St at e ~nd explain what is me a nt ·b y tr auma tic neu rosi s and, in a nswer to tha t, Doctor De lehanty says t h is 11 'Tr a umatic neurosis' is a term a :t:)pli ed. t o a tra in of mental or nervous symptoms which develop fol owi n g a n a ccident ~md which a re c aused by othe r in_f luenc es t han tra una". Yes, that is true. 11 A. Q,, A. Q,, It may b e caused by other things except the blo1i1 Yes, it may be c aus e d by other thin g s. Arthu r Le e s ugg ests this q uestion, Doctor -- May not ne urosis d evelo p from a malingerin g and apart from any a ccident'? J.:... 'rha t i s po ssi bl e, yes. Q;. A. In other v:or d s, a person can think of h i mself h avin g a di sease a nd bel i eve he h as a disease when t here is no ai sease? Yes, t.aa.t is po s ;S i b l e. Q,. A. You he ard Doctor Wanner's testi mony? Yes, ~ir, I did. Q,. A. You li stened to i t? Yes, I o.id. Q,. And he said. in his testi mony that a p erson who is a ma.lingerer and v1ho has thought about his condition ~nd who has m.c::de l1imself nervous in such a way as to af fect his mind may cle a r up when it is definitely determined that he is to get compensati on or that it is definitely asserted that he · is not to 1:, et compensation. Did you catch that? Yes. A. o,. In other words, either one way or the other, the matter mi ght clea:r up? A. Yes. Q,. "hat :;o uld be the man's ovrn thought, vTOuldn' t it, 1·ather tha n fror!l the trauma? Ye s , i t appears that way. A. r.1R. 'l'ALI .A.FE11RO: That ' s all . r: eairect-examination by 1'1 r. Galicich: G. u A. in this pa.1.·ticular case, Doctor, you are well acquainted with the matter as it proceeded in the courts, are you not? 'rhat is, you remember when the case was originally set f or hearing in 1933? Yes. Yo':1 1 An d then the man was sent to the doctors in Denver? Yes. • �24 A, And a fter the reports c am e back, the matter wa s dro pped , so far as the man 's claim was con cerned? Yes, sir . And after the cas e was dropped , did you notice a ny change in A. Q,, A. Q.. A. q, . A. Q, . A. this man's condition? No, I d idn 1 t . In othe r ,,o r ds , there was no change in his con diti on a ft e r the c a se w~ s dropp ed? No, i t d i d n't seem to mak e any differe n ce e ithe r o n e way or the other. Docto:r, going back to the questio n ·that Arthur Lee suggeste d , you said that a ro'an could suffer from tr aumat ic neurosis eve11 though there wa s no injury? No, I did.n 9 t s a y 11 traumatic neurosis ". It wou l d be just a neurosis. ]fo,;1, Thc'tt is a different ty.!.Je of neur o sis? Y~s, that is a little different type . That is c2.lled wha t? Psy cho-neurosis. MR . GALI CI CH: '.rha t ' s all . ( 1:Jhereupon, the witness wa s excused) . -o- • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Compensation Claim Wasil Levkulich Employe of Lion Coal Corporation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-1943 Subject The topic of the resource Claim made regarding Wasil Levkulich. Description An account of the resource An 11" x 8.5" blue folder holding 10.5" x 8" documents. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Jay G. Wanner, M. D. Identifier An unambiguous reference to the resource within a given context 1-0175 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.