https://haylibrary.cvlcollections.org/files/original/c1e3559f250625c48b7aefeafae7c386.pdf 9f8f6f8ed9051e45c7e9406727f947ee PDF Text Text Special Fil No. 184 WORIGfim'S COMPENSATION Individual Cases involving Lion Coal Corporation 1933 - �Rock Springs - Ma.rch 11, 1938 L!r . E 0 0110 .:cAuliff0 : I t cil ked to •If'. R. Y. Gibson t oday r eg,.:ir ding t he letter you m~ote him nith r ef e.~ence to t he Lion Coal Corporation~ ·i ving up it s membership i n t he Sout h er n Wyor:ung Coal Oper a.t o1~s ' As s ociation. Lr . ._,,i bson advises r.~e t hc.t he dis cussed thi s ~iatter \'1i·th 1:r . ~:v.r riner Brenni ng uhile i n Ogden ·this \'le ek , am lf,r. Br owning adv ises th -'i; his compo.ny did not contempl ate d oing this, neither uer e they cons i deri ng t l1e cutt in of f o:? Er . Talia f er ro ' s r emuner ation. 1.~· . Br or:ni1g to ld n- . Gioso1 -~lY t he u ns v e ry much s ur prised fo hear of it, s o :..:r . Foulger evidently did not consult nith I-Sr. B1~owning befo:ce :UJ,kin;; t he s t :rtouent. ' ->u nay h c.ve d i s cussed thi s rnatt er r, ith I.'.1~ . F oul ger while he rio. s i n J :1eyenne thi s neek , but I t aougi1t you uould like to have thi s inform~tion. Or i ginal Sir;ned: George B. Pryde ORIGINAL ON ~11.E .2...' --l - -...a N0, .. �Rock Spring s . . . March 7, 1938 ,)" , .i.}u -ene ~lcAul iffe : Lr . R. Y. Gibs on, Pres id ent of the Lio n Coa l Corpor ation, call ed rJe yest er day , s t t-.fGi_g he ha d re c eived y o ur l eJGter re- ern ~'lyo .. ing Co a l Oper at :::irs ' J ssoci;;.t i on. • He o. dvi sed me h e ua s g oi 11G t o 00 d e n l a s·i; ni 5ht to t e r egul..r fr ct or s ' r.i.e et i ng, a nd h0 1.rn s not i n f nv or of .:.r . Foul zer ' s pr opos a l. He s t ated this \'/Us di scussed nt the l u.s -1: Dir e ctors ' 1:1r:!eti ng, .;ind t \wt he advised, 1.' H h re 0 • ~d t o ·.r . T't.1linferro, i ns t end of dis continuing the il:J.01,thly coup en sati::m , t h~,~~ t'.'wy shou::.d r ai e 1r . 'l'ali afe rro's r er;.mner u.t i on. iie s t uted -t h::r~, c:s s oon a s h e co nferr ed with the dire ctors r egurding this, he s:1ould urite you re gar ding the e,:rtire r.n t t er. Georg o B. Pryde CC to I.:r. Ecll.uliffe c/ o I.'ir • J. U. Lo oruis Cheyenne �f< ECEIVED '- APR 8 1936 GENERAL MMtf.\GER l'l A. M. 0. APR 8 1936 -:- · . .,, , ~ p Q __. Q :r , ·, ~, ,t ._... ..~ . , :.._ ,; . . '9 _. T•• •':t • "i I - ., ( -::.·. . .:. •·r ·"'-l .'•!.~o ~~ .. ~-:-.. . •. ..) t. 1~,tl • .> .. -~; ~: .1. '. ,... - ; .::.. -~ ,r.;_,. , ·~~ -', : -..; : ..... ~! i "'• : \)_. }i ~ ·- :." ?...., ...._ , ; , . . :. - ·) t ~· ... ",..-.,. ~.7• ~ ~~j ~•.· f~·- i'·: ,,., ::I~.I ;~ l1 ... i~ -~.-.. ·· ~f·,.,....... . ••.r~~•: - ·. -a"-, r; i:;_, •. 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Company c I found t h is ~Gcsti:rn.on,y very interesting and h_ave h~d a copy m~dG· f or oir fi10 s n -v- ery muc.n for passi:ng i t to mo'-' ThPnk you ~his shous the trodn of ·nna t som.e people c.,r0 tryin0 to do and r1hich YJill probz.:..bly get \7 0rse before gettinG bettero Yours truly, �;r✓ "he :.1 ta te of Uyorning ) : ss. Co unty of .. tJGl et'i.'Ja ter ) I ~7 ?H.E DI S'.i.'RICT COUF.T In the ' atter o:f the Claim -.ofriASIL L.::;VJ:iULI CH , en_ l oye e of the Lion Coal Com1.Jany, Im . 8215. '!!lad e under the \7o rhraen 's Compensation Lan. xce:t>pts i'roo 'i'ranscript ~ • roceedings -o- Green River, Wyoming, October 2nd, 1935. �J . G. \'/P...NlmR a \,i tnes0 c2.lled herein on behalf of the claimant, being first duly m-:orn acco:i:ding to lat1, on his oath tesiifiecl as i'ollot1s: Dh: ect- o:m:,mination bv Jr. Oalicich: State your uu1 O o please. J. G. V • 'J anner . 'llihere do you re si d e? Rocle S rings, ~-iyomin . ";hat is your busineGe or '..IX'o fession? l;i_b ye;ician and s urgeon. Ho t1 lon g have you be en a 1/hysician and surgGon'? About seventeen ye~rs. Roti l ong in 1:;yomin,s? 1?ifteen y e ars . You are of the regular school of I!ledicinc'? Yes ~ sir. Do you lmotJ the inju:red \.'.JOl'kman, rlasil Levkulich? Yes, si . Q, . Have you 0ver attended. or cx8!!lined the man in your prof1assio n o.l capacity'? Yes, I have e:xamin ed. him oevers.l times. fJhen did you first examine him'? I examined him first - - I couldn't tell you the e:xact elate, but it uaa in the .h o spi to.l shortly after his injury. Do you Imo~ ~here he ~as injured? Do you □ eon the place? .... • . Yes I uncierstood he \"Jas injured in one of the mi.nee in ·which he A• as employed·, "t7hile at hia duties. Could you tell ue the month ana. the year oi' that first examination? I don't believe I coulo. \-;i t.hout referring to my office ::records. Do you huve them with you'? I don!t ru:a.ve the records of the first e:x6Dlina.tion, but I have some record~ of the reyorts made since tbat time. THE COtniT: He was inJured, Doct.or, according; to · the report of the employee, on the 16th of October, 1931. �2 A. (Continuing) oz- 19th of I saw hia aypro.xi□a tely possibly on the ll3th tl1G1t smue month. Y ou made an e:xamina tion of him at that time? Yeso I examined him. I exemincd one of his eaxs, on thc3 injured side, because he hsct been ruiving some bleeding, and Doctor Sanuer :o c a lled me in to see him. I believe he -:m.s ~upposed to .tw.ve been dizzy. Ile ,;rn1.·e trying to locate the solll'ce oi' his injury at that time. I also e.Jramined some Jc-ray picture.:, of hi . rro~ , t1ill you plGv.oe st~ te to the Court Tiha. t you found as a result of t.ba t e1m:::iin 2 tion'.:: l ~t that eJ>:emin &tion, the eax d:ru'1l ha d evidently been :ru1.>tured, anei there ,.;as Bo me bloody serum eho ning over that site &t that e:rrnmin a tion. The :\-ro:,' pictures -- I v.ru.sn 1'.t able to see in them a~y definite fx·acture tbat \i7ould irHiica te a skull f'rscture. Thee man nns z1eulc and uppeared <H.zzy '..hen 'he stood up, and no further a,rnmination \'JUG made bJr me ~ t that ti.De. He rm.s sent in latex to me for a check-up o:f his hearing and vision. r:ihen n o.s that', ?.ant 1., &s n:obably about a month ei'ter the time he was in the ho ;;;J_jl tc.l. Q• ; .n . ;.That di d you fi~1d n.t thct ti □e'? At that ti.me the mun compl a ined of lowered vision -- veey poor vision -- r..nd he had muny other oymptoms of ciizzin<?ss ancl pain in his head. Ue eompla.ined of not being able to hear on the oue :sicie. :r;:y rummination at that time cii<i not ci sclo sc very much to account for all of' those symptoms. I ex.:::minecl him repeatedly, 1 uould say many times, afte~ that. Some of tho ...,e e:xa!:lination □ -uer·e not mt:de as a matter of recoru, but they vere made os casual office e.xaminat!lons, eind then I r:1a.de an exa:nination or two after that, \1hen J: believe the cool company sent him, or through Doctors Luuzer and Sauaers, and then I aade regular reports of' those e:camina tions. But his sympto!!ls during those v eriods never 01~ew1e<.i to dovetail with the physical findings. !'). • 1.. 7lhen did you last examine this man? Ila:; I ref er to my records here? Yee. I cannot tell you the exact date, but i t wa13 in SeptGt1.b,~r of 1~33, eccoroing to my last records, before he was sent to Denver. \7h&t diu you find at that time? I was unable to find any physical evidence to support the man's aymptoms at any time. I considered that either the man was ma.lingerinta 01:· tba t he had some ayl!lptoua or some �3 r objective si gns Dhich I could not correlate uith the things he complained of. I suggested to someone -- I don ' t kn0\'1 r1hether it vms the Court or t.rho it was -- at that time \that the raar.1 be sent f or a complete neurological. i.md. serological e,rneina tion, a nu oelected three or four men in .Denver to do thi~ wh o had not l)reviously e:xl':u_1ined the man. Ji.s I recall, he had been examined in .Jalt Lake a nd had been :pronounc1:-d a maling e:cer, but, t o gi ve the men the benefit of the doubt, we t.,;elect ed t wo ou t s t anding men in Denver. But you asked me what I found. Th e man alnay a co::n lained that he could not see. 'm a t rN2.s hi s main compla int. He al.so compluined that he n a s dizzy, und he had .f) ainc in his head, &mi he coulti not hear r..·ith one ear. In nzy tests of his visio n , I 'Ga1s never e bl-e a t .my time to e et, him to co-opexa t,e sui'ficiently to fin a out. r.ih e tlier h e could see or not. lie r:.iould I'(ilfuee to read uny kind of' a cha:rt. \1h eth e:r the cha :rt b e h eld up fa1en ty feet fr-o m hi m oz- z11le the r i t ,•;a 1:1 held up in f ront of his face, he s .id he coul dn 't see anythin g . &lthough he v1as a ble to get a.round fairly sntisfuctortly. Q• 1: • Did you ever see him a fter that examination in 1933'i' I'm sorry, b ut I don't have my of fice record a YJi th me, ar~d I don't lrno\, whe the r I did er not. At least, I don't believe I . adc uny ;reports on him c.1 f ter that time. Did you ev er G~e him ..-;hen he ';'"Ja S not at your o f fice -- that .. is, see hi u ca Gually? I believe I h~ve seen hin on the s t:t'ee t, yes. 3 ov1, I v1ill ask you to state, f1•om your ex@Jlination of the norkraau -- did you find uny l ermauen t physica l cii sabili ty, or tlid yotJ. find an y -- J,.. (Inte:rposinc;} I ·.-;ould like to have tha.t queetio,1 1JUt a little differently, if poseible1. so that I may ani3Wer i t more intelligently. Do you mean, did I find 0ny o oj ecti ve signs. signs th&t I could see, of :physical disabilicy? Yes, objective symptoms. :.~·e speak o-f objective signs as something we can see, an<i oubjective as t:aomething that the. patient feels. .1. have never been i:.ble to find any o 'aj ecti ve signs at all to ~<:count for his alleg ed trouble oz- sympt.oms. Hou, in your opinion, do you believe tba.t there are ~ubjecti ve symptoms or that there i o some thing wrong ui th the man centally? Yes, I have =formed a definite opinion in that regard thl:'ough this period of time in uhich I had observed him ~ml in ,rea<iinc;:, the re.voi·ta of the specialists t1r..o have examined hio, und I have fo1med a defi.ni te opinion as to what I think his trouble is. Q,. A. ·7hat is that opinion? lly opinion ie that he baa a condition kno m as po at-trrm.matic �neurosis, .or peychosis. I believe the man believes iu his ovn :aiud tha t these thin gs ure \7Xong with him. At first I wae inclined to believe, lille the other men, that the man m1s e.n out-imd-out malin ere1·, but I am convinced now that h e i s not. I b elieve, if j;·ou t.:ant to so call it, that it ia a luild fo xu1 of insuni ty. (~ 0 A. In y our orlinion p is t b.i s men tal condition due to the injuri0 s \'ihich he sustained in October, 1~31'? In my personal opinion, it cou ld b e .._J o □ oible. l!R . TiJ..IJ\T!' •!U't) : I object to the ansuer aud. move that i t be st1·icken out. He aoked .bi n , in his opinion, did he consider his menta l conditio n no-.n ihe :recul t o:f the acci~dent, a nd no\Y he seys , 'Im my p erBona l 01;inion, I think i t might be posnible 11 • 'i'hc;t is eimyJly 2, bu eoe. THE COURT: fmer it. TIE ~.IT.!1. ~8B : :r~eybe t hat is as dofini tely o.s he can ,m- I mi~ht qua.lify :that. if the Cou~t wishes, on thi s ba sio -- tho.t these cases ~r<: colilpar a ti vely 2.·are, and much of our o ijinion i£ formed on the nast record of simf.laJ.· cases the t ·ne- hrive 1:'end nbou t or he,ve- seen come up before o ti-el"' c-ourts of a similar nu ture. .TJ:y findings are based vrinci ll=ll y u pon "the interpi:etution of the reports of the other r3p e ci elists r1ho have 0xaoined ·this man. ~ •• '.i"'ilLiiJ?l3lill{}: I object to his basing his opinion upon re1-,ort0 of other c1 ecialiists that .h ave e~ai::1ined hin. This iD not a hypothetical question. 11 THE COURT: I think I uill let the nnetJer stanci. Does this l_:;ost-traumatic neurosis cii~mble this man from performing ~ork at u ~ainful occupation? As long as it exists, yes. I will ask you to state whether or not, irl your 01,)inion 11 the :post-truumatic neurosis condition that you found to be present in connection with. this .case, or this pa:rticulalt' r.orkman, tlasil Levkulich, is permanent or merely temponal'y. I a!J unable to answer that de:f'ini tely, but, to quote again from the a.uthori ties on similar cases, I would say that many times in such cases ae thia, when o.ny kind oi' a settlement ba.s been made, either :f'or the patient or agclnst him, the neurosis \7111 sometimes clear up \'Jhen the patient's ~ind has been as.ti sf'ied that the case has been settled. Doctor, o.re you a me!!lber of the Sueett?.ater County luna.c:r A. co?mlisaion'? Yes, sir. �5 Q, . 1~ . ,::. J\. \:,'ha t wo uld you s ey as to · the mentality of_ this r10:rk?llan? Is :i. t nor3.lal o above normol or oeloti normal? ;Jot kno,;1in the man before his present comiition. I ·would not b e ble to say definitely. but I would probably _c la1ssify him us beine EcHneY1ha. t belovJ normal. Tl' rom your e:x&nlinri. t:l. on- of t.hi0 man. I Joctor, do you +rno1:1 <iefini tely ~ o GVeb DiJi/l1u:cmb. telyp v1hen this 1iost-t:raumatic n eUl'i)oi s !,-:~s c.ievelo9e d. o:r v,hen it 1:>0ca:.n e present :in the man to such an e.x tent t hat he coul d not. perfo l:'m work at a gnin- ful occupa tion? I unders tami t he i!la"1 'i ~ .. 'i.'PLI AFE£EQ : I obj ~ct to v:ta t he uuderst..::.nds, j~f Y,:iui· IIorwr • leas e, ~ . ~A. You Glean, since the i njury? Since the in.jury . It ·i f!! rny opinion that the tl'e.uma tic neurosis took place immedit: tely follo,,;:irlfl; iti. ~ i njuz·y. 1· .M1 vm.:2 pnrnent Et ~:• e1) te:.:1ber , 1 ~.:i~'l ', 1. . Yes, dr. Cl " .A . :.· A. q, . h• the da te of your ln.st ex£imination in Could yo·tA state :i:'ro11 your casual observation of this e:1an after that tiue ~7nether t hti t condition still e~isted at the time y ou sa1.1 him, and, if so, clllProxioa tely nllat time o~ date thu i tm:a? The only v;uy I could answe.:l~ that ie t hat the l,:l. st time :i: peroonu.11y em7 him ~nd e:xamined him, it existeci, and in tulking to ne~oers of hie fomil~,r anu othel's, the condition ,;mo a_ppurentzy the laal!le \!Ihen I would inquire about him .. In o t.her r:ord.s, you ke.;.lt in close touch v>' i th this case since it:3 inception to the 1u:·eeent time, is ·that coxrecf~'? I'airly close, throU£,h &eking about his welfare from hi 1;J other c.octor.i:l ..and his wife a nd one 01' tt10 of his clrl.ldren thut I ht1ve seen. I \-;ill ask you to state, to ascertain an!. to :realize that this traum.utic neurosis condition ex.ists -- can that be found upon one c.xamination of u werk~n or does that require t . continuous otudy of the case? There are certain caaes of traumutic neurosis which are dcconstrated by actual plzyaical findinge, such as x-ray pictures, and there ure some that ue are not abl e to demon1strate ~nci yet ue knoY1 they exiat. Q. • A. In ,·1 l1ich clasa \"1ould this one be? I believe thi a ie a case in which r10 physical eviaence oan be sllo m in· the w,zy of :x-rays or test£J to aupport his syrap- tomu. �6 I \7111 u:-.3k you, t hen , in :a case like this, referring to this pu1'ticuL:,:r· car.3e of thio ~n , Yiasil .Levkulich, could soce A. doc to1·, by eiw.;uining him only one -;;, determine whether o:: not 11c ·,•mo cu.ff'exine; fron truum .... tic neurosi'3 or ',".'OU.ld it require an ooservation ov"3r u period of tiine? I ~cl ieve it P nUlti ~> c nc~essnry to obse1-ve tu1Y type of rieu1·00i s or ;p:syeho ...is to determine -..,hetl1er it mm present and to tf.r10. 't , egree. Do ctor, i7hen did you i'oxm an opinion that the ,·;orlunan OJ? clo.i..unt h exe i'i"as suffering fro m iI"a~tic neurosis'? \'7.llen o1id I form that. op inion? Y~:.;, ohen uid you for:n ths. t o:vinion't I believe 1 forr..1ed th .... t opinion af ter the man vm.s e:xamined. in Den-v~r Hc, t until afte1· he \7!1S e:i~aruined in D~nvei~ did. you form rtha t l • Q, . opinion'? Yes , sir . Did you .foi--w thnt opuuon. a s you have stated, from the re- . ports t h &:. t r.7erc received frm~ these specialists in Denvt?r and "" ~lt Luke? 'f'.tle re .o:rts , ou ld indicute th;;; t the rn.2,n ciid not h ave a traumatic neu.ro sis . .And. you formed t:t.nt opinion after you had read these re1>or·ts'? Ye:.-i, ;:;ir. So that you didn' c; f o:rrr; your o pinion us to the physical anri mental condition of thle claimant from ,•;hat these other Buro eons huve ai..ici.'? I vms i.i.ble to separ~te the \1heet from the chaff, so to speak, ~nd from 'the highlights of their findings, these com- 11lete re~orts, I \7aO o.ble to sift down and correlate th,~1, and I formed my opinion from that source rather than from uhat t~e dcctorz : opinionJ were of the case. You testified at onG time tha·t you arrived at th&t cooclucion c.:.s to the cond.i tion of this \'70 rlQila.n from -r1ha t the 1sl,)ecialists had said about him, wmt tt.ey re.f)Orteu,' I did. You lirrived at it from uhat they said? Yc:z, cir. q, . .Anc. it was, then, thet you read between the lines t.. nc ci<,termined that so!Ile o! the thin8e that they 2~id uere chaff and o th.er things tho.t they said uere \Jheo.t'? �7 .~ mi that is the Y:Jay you hcnre arrived at your llreaer1t con- clu;;;ion? liot c~ti.rely. It i s e1.ls o from tclking into consic!e::ration my past det{lin&c pe.rGouully \.vi th the patient and ey e:,rnmination s of hi, 1 on Lr ny occ~rnions. ('J • A. Du. t you haven't e.xs.'.'!1inecl .hi5 since he returne<i from Denver and Galt ::-~alee, e::ce \ t. t o see hin on the stx·eet? Ac c ordinc to 1zy reco::rd-.:. , I do n't believe I h&ve exr.::ruineci him. Q, . I say, you ha:v011 ' t exG.ri1in ed l.im $ i t ce you sent hir.1 to Dnn- A. ve:r? Ee :has lJt=.rnri Din.'.!e. -:.h~t, ye r,, . He ·,10nt to 1Iayoi.:, 1 r3inco then. Q. . tave you. eJrnmined. him s ince he ,.,;,ent to liayos''? A. Xio , slr . ~· /_ . i ~- 'l'hen wh!l.t i s the U;.ae o:: b ringing in t n.at :Jayo btrnineae<~ asking u ircct que2tiona. ! 'm Yes, t: i:r:. xict: , the faet of the r.:1ut tc:r is, :Docto r, in Sevter:iber, 1~)33, :,:ou nc.cc a statcnent , did you. over your ovm si 0 nature, r,ith :Doctor Lauze!' and :Loctor Sanders, t hnt you were m1c:.ble ito t ell tluit thi e ma~1 ,;-;ns suffering from any yhysical or- raental condition. nnu l'(;comnendcci that he be sent to other spe,:iali sts? don't i·enaober i:1Y report ·.,i thout seeing it. A. I q, . I'll dlo,·1 it to you (handing pr.Je x to witnees). See ii' yo u recognize tlli,3. See if you recollect i·t. I hand you a copy of a. lettel', und see ii' you c~m identify that as being a letter t:tat you Y,rote. ·The originul, of course, is in J)enver. Yes, sir. A. q, . A. You wrote tha t letter, did you? Yee, sir. Q, . .P.. .A.nci the c!a te of it? Q,. You haven't e,;:amined this man ::. ince then, hu.ve you? I don't believe I have. 1~. q, . A. 8€':z~ tember 11th, 1933. Thnt i1: \':hat you have testified to. I don't recall any. On Septenber 11th, 1933, you addressed & letter to I;octc•r Pronklin G. Ebaugh, 4200 Ea3t liinth .1ivenue, Denver, Col<>rndo? Yes, f:::ir. �B - q. lfow, before s oing furthez- ililto that letter, I u,ill ask you i f you x·ecollect j oiiliug in \Ji th octo1~ Lauzer anc:l Doctor .4. . Yee, s il.". Q. I n t ha t letter, you ata ted l>;anc~ers in c:i l e tter to l'11·. R . Y. Gibson on I-larch 22nd, 1933 . r- 7 :. . G-~ I CI CH : If the Court pleaseo i f they a1·e going to quote fro n the letter, r.:iby not offer it in evidence? The letters ~:tre t h e best evi cl ence, and ~e v;ould like to see the letters. 1 • 'i • Tl\L! t.:S'.:;HRO : I ~11 intzoduce themp i f you rmnt t'.le to, after they are identified. :-;t . Gt.LICICH: Bu t you \1ere u.0king wha t r1 c'!: 0 weren't identifying it. ... if~ in it. You . TiJ..! AFRP.RO : no you van t to Ge e it uovf? ~ R. G/IJ~I er CH: bly oave ti me. \7 e -r.;ould like to uee it. \fi e can !)013Si- ~R . Tt~I AFERRO: I think ~e can save time if you Tiill lei o e cr oos-exa::nine hin a s to his recollection of the records. ( \7he~eupono a paper tm s ma rked for identification ns .<.:JXl.rl bi t A) • .ur.:rployer' 8 I.:IR . T.1'J.,I twi'ERF'O: I 'l.'lould like this letter to be acin1it- ted in evidence, if Your lionor please. LIB . GALICICH : Q. . l'1o olljection. In this letter oi' I'iarc.h 22nd, 1~33~ marked bmployer's ~chibi t A. the folloi-1ing appears -we excmined him very carefully and could find no <~vidence •O f any permanent disability ~s a result of the accident,. unless his present mental stnte ie the r,irnult of the injury to the bead. This cannot be verified by 0 x-ray or any o th.er means &t our command. 11 • .Anu that is aik,ned by L~uzer, Sanders and \'tanner. How, 1.·,·h'1t other means, since thia workr:ian was e:xamine;d by these Dunver surgeons, has been developed by \7.hich you coulci i'ind ou1t personally. youroelf', about thi ff/ You budn 't examined him, you stated? A. llo, sir. q, . \;1lat I am getting at, Doctor, is \'"".Jiat you read in the r,,_ ports of' these surgeons. That v1aa the only other mem1a you had, im 't thut true? �9 ~i'o • tha:t is not tJ·uc, in ray. sense of the interpretation of 1t, as to what other means I had. I rely upon my authorities in medicine, possibly like an attorney relies on hi.s 2-utbori t.ie;J i n legal nutters -- his books -- ond my opinion has been r:10lc.ied dux-ing that time by my pa.st obsel'vation o:f this p~tient pluG the reports \:ihich ue have received since. Plus t he reports? Yes, sil·. Q, . A. In other \'";ords, you have chan~ed your oz1n o Jinion of the matter ui thout uny founo ntion ,1ha tsoever ue to examination, except the reports of these Denver surgeons? Yeo, sir. And that is the -r.1ay that you have chunged your opinion.;. I have changed my opinion by n correlation of ray past e;mminu tions \'Ji th the addition of th ese other reporis. ,, . your But tbo se 11.:::.:st e.2mr--;iinu tions nel'e to the effect, according to letter, that you had no meons at your command. 1, . That is YJ~' rie sent him do't'm the!'e. 'fhctt i s ,;:hat you say -- th~t y ou had no means? J. • T.nat is right. Th~t ~ns truG ~hen ~ou sent this letter, uasn't it? Yeo, sir. A. 'i."he fact of the r.1atter is, uhen you come dotm to it, that you have simply changed your thought since you e~iunined this man? Yes, I have. /..nu tll&t change has been m~de .d thout G.!.DY examination of him at all? Yefl, sir . .And thut change is in violation .o f the 01,1inion of thest? doetor.s. these Denver :2urgeon s? Yes, sir. How, Doctor, you say that you wrote a letter to Doctor Franklin G. Ebaugh. on September 11th. 1933? Yea, sir. too. llR. TJ\LIJUrERRO: Em.. GiiLI CI CH: I think I will put this letter in,. No objection. ( \7hereu11on. the paper in t1llestion was marked for iden ti!ication us ?.:mployer' s Tod:rl.bi t B). �10 \'lb.at is your srecialty ns a physician and uurgeon, lJoatc,r? I specialize in eye , ear, nose and throat. \~h a t i0 a neurolo gist~, i' neurologist i :s a r.11;, n tillo deal,s rJith the b:rain and ner,1ous sys te•.n , principally. J.re ;you n Gvec i ali st in that? lfo. :3Lr. \, . In thi;;; lettei· rn:u.'li:ed UJploye1-' .s E.xhibi t B, you state -·· 11 I have b een a~k ed by llr . T. s . Tali.,,f .e rro, ;:;it torrrny of the conl competni es here, to contcct a neuxologist in Denver for the ,1>urr1o oe of arrungin : an e:a:-.minci.tion for un employee of one o f these com1}anies11 - - :ind .,rou &,o on further m1d onr.ae Doctor fadwaz·d Delehanty. 1. You usked him to contcct n neurologist? Yes, Gir. And then you further scy -- riAs regurds consultation I ~!ould like to suggest that you call in nnotl1er neurologist in rendering your xepor '.t, and any of the follouing raen \'IOUld ;Je acce1>tnble" -and then you Gi<"J" e the n.2ne of Do ctor .2.di.1ard. Delehanty. ,~. How, you testified that you are not a neurologist? lJo, sir> I ;;.m not. Do you .lmo'i."1 r,lro Do ctor De lehanty i 1£ Yes, sir. He is a neuroloe;ist in Denver. Q, . t. . Is that his s1>ecial line in the profession? Yes, air. Do you reco gn ize him as·being a competent, efficient and ekillful neurolo~ist? Yes, air, he is a very good man. Q, . A.. You got a. re~ort fror:i him, dicin 't.. you? Yes. sir. Did you come to your conclusion or your opinion -- this opin~ ion that hae .been formed since the reyort was given by llo ctor :Lelehanty -- from that report. did you come to your conclusion tho.t this Dan, this 'li'iorkman, uas suffering from an insane delusion? If I believed his report, I would think that the man Yms malingering in putting on all of tho~e symptoms. So you didn't come to your present conclusion as to thia man's mental cond1 tion from anything tllut Do cto.r Deleho1 ty, ho is a neurologia•t, has eaid1 No, sir. �ll ~ • i .. 'i'heir reQort to you uas exactly o npo ai te, vmsn' ·t it? It ~as that he couldn't finu any evidence of any mental trouble vith hi · I <ion't recall the gist of' his report. Gen excll;y. \'Jli,m' t the. t hl s .report to you? eneEally, hie concluGions, as I remember them, \'Ojere that the man tms u malingerer and that he bad nothing 't.':Con g 1tii th l:J.m and that he ~as yutting on. Bi th.Gr r.1entul or f)bysical? Yes. sir. Therefol'e, the conclusion that you rJade \1as contrury to i.'-ih~t Do ctor Delehanty infoz,med you? Yes, :;,ir. So his re.1:ort didn't ente1· at al : into this conclueion of yours, tlli s nei..1 conclu0ion? 'l'here "Gere many thin~ s in his re_ ort \'Jhich eliminate.cl and cleared up points that nere not cle8r in oul.. minds ae t<:1 othez- _ment!::.l anti physical asp ects of the case. Do you lmo~; :Doc tor Fred S. 1:alsted'f Yes. sir. V,'hs. t i 2 hi:::; Sj)eciul ty-;, I think he does ear, nose and throat. I don't know whether he doeo eye ·cork or not, but I know he does eer, nose and throo. t. Did you g et u report from . him? I h&ve a copy of his report, yc::J. sir. I don't know wh(;ther it was sent to ~e or not. but I think I have a copy her•~· _ Yes, I have a copy of Doctor Halsted' s report here. Di cl you form this later conclusion of yoUl.' s from anything that he sui d in bi s r e1-10 rt to you? Hot any more tha1 I did from Doctor Delehanty's 1·e,1loz·t. his report y;as against the i"intiing of any mental tr,:iuble with thi.$ \·Jorkman, uasn' t it. as he r~ported it to you? I cannot an8wer that '!.}ithout reacd~ his reyort over. r cannot remember a11 that he said in the report. Jmcl The :fact of the matter is, Doctor, that you diun' ·t ya:y muc.h &ttention to what these doctors in Denver that you had ~e- f'erred this man to snid, did you? The fact of the matter iD I paid con0iderable attention to tiha t they said. o •. You weren't guided by ther:i in nny way, iere you? In making a diagnosis, I make it by a v:n>cess of elimina- A. tion, and by reading the reports I nas uble to eliminate certsin f'nctors. which I a1lpreciuted und vulued their repo:rts foi-. �12 Q• So you have come to this conclusion, not from subsequent eJca.r!lina.tion of ·ibis workmC:!.n 1 but from analyzing the reports th~t these docto~s raade? 1~. 1:'Jot entirely. As 1 etate<l befo1--e. it was from my correla- tion and my ~rcvious findin sin this cuse, plus these re- po1·ts. Q, . 1fou, on the 11th doy of September. 193j, you :,.rt£ited to J)ol;- tor Ebnue:h -"Ii has been ill;}' 01>iuion from tJ:1.e ver:y s ·t;0:rt that the ps.tient has malin12}9red, especially e.s to loso of vieion ,, and I Em in some douot es to his loGs of he a rin&;. ~i.'his has al Eo been the opinion of other men z;ho have GXaBined him". 'i'ha t rms your thought in September, 1933, t, asn vi i It? 1~. Yes. sir. Vilio i s no c tor Ebough? Doctor I!b8.ugh iG consid ered u ve1·y hi gh-class man in hi1~ proi'eoeion no a neurolog iei. In y;hat'? In neurolOBY • 'ibat is, in mentul \il iEor<lers or nervous uisoro.ers? Yes, sir. He i e considered a vers hi.€.h-c.lass mnn? Yes, sir. Pilld that is not youz- specialty'? Ho, sir . ., not~ithsto.naing the statements of Doetor Ebaugh macte . .Anci, to you, and the statements that Doctor .Delehanty made t<> A. you, umm you recoonend as being hi€Ji-olass oer1 in that line -- you do, do you not'? I do. (Continuing) -- you fox'Illed, since you sari theiI' reports. a di:fferen t opinion? Yes, sir. And you formed that opinion from their reports and not from an examination of thi:;;; workman? I didn't say that. But you said you hadn't examined him since? I said my present opinion is fomed from my past .freouent e.xtil'!linations of the can, plus these reports. • So you had. no such past opinion on Sep terauer 11th, 1~331' Uy ovinion before that wae that the man waa malingerin . . I am frnnk in eo otnting that I thoue;ht the man was a m1il- linberer. �13 A. "1"'.u·, e.,..,.,,.-<•,.. .._,...,. • • • "'"'-.L"'"''-'' you::r op1n1on since that time, or your presen1t opinion~ i s 8.) p a :rently formed. in the face of the l'eporta of these specia li~ts th a t you 1'eferred thiG man to·, Hot enth:ely. l~I'om ub...a to if you ba.vc:m't examined him? Hy opinion has beGn formed by tbe study of case re1Jo1:ts and readiu1;:; o:f aut.ho.:r:i tics on ::.1imil&r cases. LJ.Ilct i t i D my ovinion tha t there is no ffiethod of exaroino. tion that cun d<:lilon- at:rate ruiy subjective evic.euce of inJu:ry in this man.. Why <lid you sena thl rs v10rkm8n o at your requcrnt wade to nc - wby dici you send hi1:,1 to Denvex· to be examined by iheae doc- to1· s? In 01·der to clear the cn~e u.p, if possible. You nt ti:1.at time hti..d m> Odinion of the matte:: , and you 1:1eren ' t an exp er-t in th.a t ma t tel:? liy opinion was tha t the mun \'.'UIS a mnlitig ex-er. \7h"-"t h 1.-1s oc~ur-retl 1.c1ince the11 to cl1ruige that opinion? I ,;1ill rep eat ,;-;hat hti.o occurx-ed - I make my diu~nosis by a process of el;,.mination. I h:xve taken into ccn2ide:ra t.ion my pust examiu a tions of' the It an, an<i rny thou6hts ~nd opinions at that til!le, ood the 1;e1io.rts that nere furnished by the Salt .1..tcili:e tloctox-s anu the Denver doctors and the 11ayo Clinic, and my 1·eading of medical books, books of BU tho1·i ty ~ on similar cm sea, .::.nd th& t htu; molded my present opinion. That has ir:oldeu. your present opinion'? Yes, si:i'. imd it has cb£:n~ed since Septeraber2 1~33? Yes, six. Antl you ai·e not an ex};lert ux,on mental and nervous di eea,aes? No, sir. \'Jill you t;ive me the d.octo:x; booke th=itt you have read, that you hove referreci to that you have read, upon this matt~r A. of mentul clisorders, since the 11th cay -o:f 5eptembor , U)33'? I don't tn1flt1ose I could quote all of them to you. I a eked you for the names of the hooks . I say, I <ion 1 t sup1,ose I coul<.. quote all of them., but I l1uve read vebster ~a Legal ~edieine &no Toxicology and warb~sme on Sure:ery . Did they deal especially '.d th. trauma.tic neurosis? That is the subject I wua intereeted in. o.,. I dian 't ask you that. esvecially . .A. Yes, ii: ir. I asked you, did they deal 1:ii th it �14 You :t,ead th Gm Don't you krlo1."l whether they <leal t ,.~i th ithi s or no t? They did n ' t d e a l ·\'11th this case, but they ciealt 1,·;ith airi1il u r c a.,,,er:• . O A. Diel they cieo.l n i tb, t.bis question? Ye s , s ir. .,. A. 'i'h a t is t no a utho r ities? Yes, e i:r. t;'hen did you read t..11.em , J)o c t o r'l' Oh, I rea d them, o ne of t hezn , nithi n the l ou:d; wee1c, becuuse I though t -To g et ready to testify in t h i s e ase? I thOU$ht I v;ould b e called u pon to give an opinion. Then your opinion from t heee books hc::s been made within the l as t u eelc? Uo , si:?:. Q, . !Jo,;•1, l'GDding these ti.JO bookB has influenced your opinion in t hi s c~ s e, i s n't th~t true? Ho, sir. 'i."hey uici enlar g e my viewpoint or 1·efreshed rti;;/ mer.:10.ry, u ecau~ e I t h ought I uoul d be called uIJon to testify t o til:m t I t:tought trnumntic neurosis was. You se;y :;·ou c:. re not un e:cpert in. th&t'? :t!o, si1' . I run not. Bu.t you n re u s peci&list in eye, e a r. nose and throat'? Yes, Eil,. Q,• A. That is \'Jhat you have studied, isn't it, .Doctor? I have stu.uied g.eneral medicine and surgery. I serve on a lwtacy commission, al though I aLI sanity, und do not pretend to be. not at all till expert on in- A Judge of a court serves on a lunacy commission, doesn~t he? Yes, sir. But I am not testifying bere as an ex11ert in this case as to mental conditions. T'!!en \?hat you have said here is not aa an €:X.f,ert? Absolutely no. !JR. TALI .1\ FBBRO: That is all, Doctor. �15 E.edil·ec··t-eJ{m i1mtion by llr . Ga licich: ~.. ~ Is that you~- opinion ns a tioctnr of medicine'? A. It is. ( t.'ihereupon, the wi tneos nas e:irnu.sod) • �16 - 3. S . LNJZER a gi tncss called herein on h -.-h~lf of the claim&nt, being first duly s wora o.ccordi nt.'.. to lax1, on his os.th testified a s follo vrn: Q_ . Gta te y oux· nar:1e, please. A. E. G. Le uzer. Q, . Vihex-e do you resi d e? A. no ck Sprin e:.s- q,. A. \"Jh ~t iE, your :i:,rofeseion1 .Phy sici&u n ntl suz· eon. Q. • lfo1.·1 long huve you been a phy sici an ~ml ..,urgeon? Since 1905. A. A t \"";hat place'. Ro ck Sp r ing ~. Were you in \Jyor:1in g o.11 of thut time? All of t h at time. You c1.. e o. s rna .J.ute of 1•ih c:.t scrool'? University o f 'Hebraska. Do you 2 no w the injured t7orkosrl, 1;1asil Levkulich? I do. l'.'ere you eve1' c ~lled uyon to treat him in your 11ro:f e1:1sional capaci t.:t? A. Yes. sir. q, . ! ,.,-,ill ask you to state Y1hethe1· or not you \?ere called u.pon tc treat him in your p::oi'essional capacity during the mun th of October, 1931. Yea, eir. On whu t date? October 16th. Where dic.i. you fir at see the Zio:rkman? I saw him first at the hos--uital. Doctor SanGi.exs uent first to the Iiline nnd. pick.ad him- up c:Ul<i brought him to the ho 1api- . tE1l. You say he i:ia.s injured in the Dine'? Yea. eir, the Lion coal mine. Did you see him the Dcl'l1e ciay thtlt he was injured? Yes, sir, I saw him ofter he entered the hoG~ital. �(' 17 :., Q. • State to t 2e Court wha t you found in your examination o:f the \.'1 orkm.:.t1. tha t .time I found he had u alie.,ht lacG1·a tion on the right ei ct e of the ho~ct, GOf:lGVJhat over the I'ight temple, und hE~ TJaS bleeair1..; a li ttlc fro m the ri €ht ear. He was· in a slight A. .At Gtufo1· unu ri .:J k;tc o:f ®ock at the time. Yia::; h e conociou G o z· u.nconscious when you sau him'l F.:e ,. as □ emi-con ecio u s. Tio"Q lon g did he B t 3y in that. semi-conscious condition'? Abeu t t~m days. \7as he your :patient1 Ue i.7ti s t1~e8 teci by ae, yes, sir • . r\nd oy Vibom. olse i :Oo ctor oandere. Doctor !:;antlers i a your a ssQciate? Yea, six-. Hou long did you treat thia man? I tra a ted hio ri ht along . present ti me. I he.ve treated him until the ·.-, ..1en did you lust exumine him? ?.ae day before yesterday .h~ t,as at the office. Di ti " r. L evkuli ch suffer any di sabi li ty , any physical o :r o oj ecti ve di snbili ty, us a 1·csul t oi' t.na t accident, ro1<1 for .hor, loug? He uas -- you mean hovi long has he been di sableci'"? ., . Yes, A. ho\·1 long w~e he disaoled, that you could his disability? cllo\7 and mee He left the hoo1>i tal on the 24th day of October of the 1am!le year, l-.131, bat at the:.t time I didn't figure he \'Jae aolta to work, und it hus been going on up to the prescm t. We never have been &ble to decide -- that 16, at least, I haven't \Jhether he hats any physicml disal>ili ty no_\'.I o.r not. Iu your· examination of the i:,orkma.n the d&y l>e.i'ore yeste:rciay, did you finti any disability uhatever, either physical or mentb.l? The only thing I could decid,e anywhere near was t:r.1.1:J.t he h&d some kind of a mental deproosion, but uha t it 170,s, I could not say, but a.s far as s.ny 1>hysical ciefecto, I coulein 't find ,my. \~'hen did you first discover tllil'.i mentcl ui aabili ty? Ch, i t r1as some time af tcr he went home, but I don' t lmo w 11011 long afterwards. �18 no you b ,'. "V e uny i dea 213 t o the a )p!'oxir-10.te time? Ho. I think -- that is, he ,-:o.snit entirely -- \?ell, I just couldn't suy , bu·l; soi.!1etime after he \'1en t home. because he uas Bo!'t of d e pr e:rneci vihil e he rma at the hospital, and then ·i::e thou 2):i-t we \'1 oul d 1 et him go bome and it would .1:•itobably clear ui a li ttJ.e be ·i t cr , but it a1ip,n·en tly ditln' t . and ii i s still there. J .• ·."lould yea eny ibis mental condition is the :result of the injury tht:tt he su.□ t a ined i.-n Octobei,o 1~31? lie • I v•10 ul c.n ' t, bec.8.use I can ' t. prove it. I don · t know ➔ Q, - \'J.1.w.t is your o pi nion in the matter? :5y o.i.:inion i ~➔ tha.t I bk1 ve a ltJ:?.ys felt thDt thex·e must b(~ some connection b e t Y-, eei'.l h i ~ ment al condi ·!;ion nc.rn ..rnu th,~ acci den t, 'but I never could r,o i u t ou~ £1 n,ything trm.t I coulu absolutely stan d on by any method of exs.min2. tio n . I'\ Do you me ~n physica lly? P}zysically or any o~~e ~ ~~y . A. 'Jha t is t h o extent of this man's depression or mental dtsability? Doe s i t i nc.:=..ve.citate him partially or totally'i' I-t a._J 1,e.1'2u tly i ::J to tcJ.1. A t least, }1e feels that ~,w.y. ;, you cay the. t his mental condition is l)enaanent or . ·~7ould me rely teJ.1.)orary? I dou 't lmo\'i• It has oceu going on so long , I don't know v1hether i t i :i;l per-man en t o l"' t:hether i t i s nomething th~t ctill muy be cleared up. Do you knot1 ho\·~ he ~uG'tained his injury? A timber hit hli.n on the he ad . The examitrntiou oh:>ti;et.i thG.t .he uas struck by a heavy object? Yee:. i.l.H. Gid.J:C!CH: You ma.y croes-examine. Cross-exa.miai:.tion by !:h. 'l'ca.lh:. fe:rro; Doctor, all you kno v, aiJout any mental disorder that he has is wl~t he Geys r..i.mself-7' T.hb.t is all. 'fh:..t is all.- , but r.e can't prove it. f.nd you don't knou ,::hether \'ihat he aays if feigned or fxau.dulent or whether it is true? A. Do, I don 1 t. I don't know. J.nd ,.vour conclusion was entirely cirawn from what he tell a you? Ye6, Eir. Q, - Are you a~ eJC.Pert, Doctor? ment~l and nervouo diseases? Is that your specialty -- in �... Q.. 11 0 19 You cot curr ed ,ai th Llo ctor \'h!nnel' that 'this mun should bia s ent to Qpe ci s li 0to on ~,c::i:-vouG <ii cea~es? Yez, s ix· , becnuoe \-;e :felt vie ncre not able to Lmke a neu:rolc gi~ol m~!::i:1im, tion. ~~ . You -c oulcnvt ~fine.~ A. T'.n.a.t is all. Q,. .A. Yes, s ir. ne tD ltl you<'? ..-·~ r evid~nce o-f ae11ta.l diseriae e~cce11t i1hat :Do you lmov: Loctor .B<i.\-;-~.rd Delehanty? Q. ~,r;-n.at i~ hiD reput~tion &s a mental s urgeon £:n d physician? J. u G is one of thG highGst clas s men in th&t line in this ·r ;es tern country. Q, . ~.1.'ould J:...i s o.i)inion h nve influence 1.:ri th you as a phyaician A. o.nci ~uri:;eon on a. mcm t&l t 'l · t tc:r'? Yes, ~ir, it ~oulo. I would s ay it uould. Do you know Doctor Halsted? 1fo, I rion •t. ~A. ~..0•• c;, . ,.'I.. q. A. I hn··r n hsa.rd of hie, but I don't knovi him.. Do you knot1 of hio re:ftu~~~tion'? I h~.ve heard of hit?. by reputation, yea. .'ihn t i ~ it'? Ir~ i:~ o. no~e .:tnd throat specialistg as I recall it. 1 ~1ih~t is llis rei'utation in th.at field? ! t i G go O cl • You don't krlov1 hi~ persorrn.lly'.1 I:7c , I don 1 t. q,. But you do knoY"J Doctor Delehanty? A. Yes, sir. Q• Do you kno\·1 Doctor 'F. B. Ste!)heneon? A. No, I don~t. Q,. :Do you 1.-not: anything aoout his l'eputation? I can ' t aey the. t I do • A. Q.• A. Do you know :Doctor Ebaugh? I clon't lmo: him pcrsonclly, but I kno\;.' him by 1·e-put1;.;.tinn, und I huve had corres,tlonc.ence \1i. th him. G.I. A. v'hat is his epeci&lty? He is a ueui·ologist anci paychictI·ist. ~i, . k. 'i'hnt is, mental and nervous aie:ordere? Yee, sir. �0 • ·::ou.ld. you oe influenced in forminf; an opinion DJ' \'!hat ·n u :::aid, h. Ycs o I ~uuld. I 11 a i!lcn tcl cc. se'r Yest uir. Q, A. Do y ou knoi.'i Do c to r Ke r by o f f ,,;_::a L u.1: e r;ity? Q, . .A.·. ·.1.'ha t i e :1i s ._J., ec ial ty'? x-r3Y. YeG, cir. (._, . ::,1lat is his :repututiou? A. Yes, cir, firat-claes. .A . In t.lle exumini::!.tion o :t an ~-~r ay, \1 0Ulci you be guided in any r;;; ay by hie s tu temen t @'? Yes, I 'l::oula be inclined to accept his diagnosis . < •• Is he skillful in that'? ...,o you l mo •.' :i.,octor ..2;<2\a in :;IEn so 1 lT eh(,r·? Yes. .Jh~t is his 2p .3 cialty? aar. no ~e aud tlu·ou t . 1 3y e, Do you lmo v: l1ir.1 personally·? Yes. \'. 'hat is his stLnding as o. specialist in that regru·d? High-class. i:iould you be guided a ~ood deal by nha t he said? Yea' I WO uld. in that line. I mesn. in thu t special branch of rnedicine. r.1nd Eurgery:1 Yes, I wot.:.ld. :Do you kno\, Doctor ]'oater J. Curtis? Yes. Of Sl:.l t Lake Ci "ti,y? Yes. \illa t is his SJ.J eciG.1 ty? i:e i 1;. a neurologist. ilental and nervous diseases? Yes. !~ you know him personally? Yes, 1:,ir. �21 ·::lir· t i :5 hi::. repu t ..~tion ~~ a s.1; eciali st in mental and nervous u.1 .)ea~e:Efr Very hi gh-clas8. '.Jh&t \Joul cl you tilink of a z·e90 rt made by hird'? Would you be inf l'L1(·:i.1 c e • by i t';i YaE, .I \'1ould. I ·;muld €;ive i t deep consideration. at 11:a.st. You t !link they fi. I'e worthy of con :zi.:i.dera tion? Yes, £ir . .:..~direct-e::mmination by !!Ir. Galicich: Q, . A. Going back to th-a -,ork:la n, \'Jasil Levkulich, :Cocto:r, in your opinio,a, -.·1ould you :;;;;.y thl~ m.2n i.-:s a mu.lingerer or that he is a ctunll;y suffering f.rom u mentul disorder? I never felt, as I otated before, that he uas a malingerer, entirely. Ther0 rJere Gor:ie thi nt:s th::.. t he e.x asgera ted -·· 9 no oue ~tio n ubout it - ... bu·i ho ·1 Zlll.i.Oh, I couldn t <iecicie . . .. ~ A. You nouldn 't s ay he i~ totally malingering? ~1o , I r;o ' l dn 't. .: . v. Do yoi1 feel there is a I!lentlll ui i:.;aolli ty in cid<ii tion to J. :m:~lin , eri~1 0 ? Yes, I do . C~uld. you i.; stimu te that, or in any Wa¥ give the Court some idea o.s to how much you. think is put on ~nd hovJ mu.ch is act ... ally u merJ't~al state'? I r;ouldn 't cveu attempt to , lJecuuse it · can't lm done. We can't measure it. 7.hat is tile reason ue sent him the lu.st time to the ·_:,cyo Clinic, and they couldn't do it. 'ill~ COURT: Io that ~syo Clinic re~ort in the file here? rin . T.J,LI1Jr.,.-~rmo: No» sir-, I don't think so, but I \~ouldn 1 t object to i t bein~ put iu. llR. Ci-.LICICH: Yes, th&t is t1grecable . with us. ( ,;Jhereul)on, tm, pupei·s \7ere m:s.rked fo:r: icienti:fica.iion oa Bmployer's Exhibit C anti Employer~ s Report l)). :~amination by the Com·t: ~J,.. 7''ha. t 1 ~ your interp.r eta tion of that report, Do etor? TI-fut there is aome relationulliJ.J . -- they :feel t:he same ais we hove e.':~lJl'.'eesed here -- th:it t.here is some rela tionshii) between the injur-,i and his mental l.ttitucie, but wlla.t i t if.i, \1e cim't sul>tltanti~ta, anci there ia no way of proving it. �Cal ling you:..- attention to the last p;:;.:r~gra.ph here -- nT!lo iH.'CsuI-ap tio n i rJ 'tba t injui·y in<lucea .o t.:ru,c turru !; hanges o :f a ~a:fficient c~ 1·co to n.ltcr our oubjcctive p:rocc:::ise0H ··!:.hat z i w:i_.> ly !'!lo.mu tliut tbel"e is u presumption? A. Yes. f:c., . (Continuing xeodL1g) -- 11 but ue ~c not in a position tCl find pbysic~ i:c i gns 'to corrcsv ond n i th th.em. 11 • ,~uc tly , un d th:..:. t ;-:a~ our t:tough.t _.. ,•;e cou.ldn I t find it. Q, . fa... \'.'as that Y OU.I.' thought'? Ye.J, ~i r . L:E. . 1'/LI ;..:r.;.;1:~~,.Q : i z tl S l lWl CO tlCC!l'OeG. • Q. . Do\;to l.· , are y ou tt cqu....,in teo. riith these ti·c.umatic neurosis ca3ez? DG you usually find p.1:zysicru. :;;yuptoras to e;tplain tlle menta l con'-'i tion ox no t:? 7h1 s .,.r •...:.£.nc.:ti c u ou.rn m. z i c L>. c__,1.:1.b'ar.1 ti ,;rely rece~ t di uea1.3e, auu it i e Xb.ther ·-indefini te. ?hat is, you may have an in- jury to u l e~ , and you h av e g. peculiar lot of symptoms thu.re. a nc you 1.;1;..n 't u cCi>Ul'lt. for them iu auy other way, but b ecauDe you have on inj ;;zy it r.-ould be vrobaoly cl~H,sed as a traUlll~tic naurosio. In this cas0, the injury is to the head I enc.. these p cci.!lia.r conditions have come on. I lmHw thi~ man before, uncl, of courze, he wa~ a little ·b elow normal intelligence then·, ·o ut :nnce then this he.s been a grz..va-ted , but -.:,hethci· it io the accident or soruething e1se, 'l:'1e don ' t knot'J. You r..t one time thought he \788 a malingerer, dicln t you~; Hot enti.r<ll.y, no. I ltuew some of it \iiae, out I never thought he was entirely a malingerer all the time. Yo·1.o still t~unk thc.t p5.rt of it mi s malinge:ring1? Yes, sir, I think part of it. A. You think he is putting it on? ;so~e of it. yes. .Bllt yo:,;. don't kno'wl ho\v much'? l!o, &ii-. Se c&.n 1 t differentiate. TEE COUi'~T: That's all. ~iscross-examin&.tion oy !lr . 'i'uliafer:L\): Docto1:1 ir.. J.;oc:to1' 2":lelel:..anty:a croae-exanination in this caae, on Intori·oi::;i.tozy No . 4, ,:1hich is o.s follov1s: �23 11 State t ;tHi explain t!hat is meant by traUiilatic neurc1oi 0 and, in t.mst1er to that, Doctor Delehonty says this -1 n 'i':t>&um:::i. tic neurosis' is a tem applied to u train of mental or nervous symptoms \7hich develop follor;ing an accident antl t1hich e.1·e cauEed by other i .nfluences than trum.1a11 • Yes, that is true. 11 A. It may b0 caused b~,r other things e;,cept the blow'? Yes. it moy be caused by other thinga. Arthur Lee ougges'tf.l thi s question, :Doctor -- flay not neuroeis develop froB u malingering and apart from uny accident? • Thr:.t i s ~oesible, yes. Yn other \'lOl"ds, a person can think of himself having a di sease 1:mtl believe he h a s a dii:iea0e \7hen thero- is no ci.i s<~ase':1 A. Yes. t u.a t is poss ibl e. You heard Doctor Wunner' s testimony? Yeso :.=1~, I did. You li i.::tened to it", YeG, I u.i • And he said iu his testimony that a person uho is a malingerer und \'JilO ba:3 thought about his condi tio11 c.nd who hais made himself nervous in ouch a tJ0.Y as to affect his min<i may clear UJ.> uhen it is definitely dete:zmined that he i :.::i to get compensation or that i t is definitely asse:rted that he i e not to &et compensation. Did you catch that'.> Yea. Q. In other -cords. either one way or the other, the matter eight clear up? A. Yes. That \"ioulcl be the man's O\"Jn thought, v.·ouldn' t it, ra their than from the trauma? Yes, i t appears that way. ill . T.!',LI r.FERRO: That '6 all • Redirect-eJCamin.:..tion by Ur. Galicich: !Tow. in this particular case, Doctor, you are \'Jell ucquu.inted ui th the 'm atter as it proceeded in the courts. ·are yc,u not? That is, you remember \"'Jhen the ce.ee was originally set for hearing in 1~33? Yee • .And. then Yee. the man was sent to the doc to ra in Denver? �24 .t.nd a:ft.er the reports cam.e back, the matter \"Ja.s dropped:1 so far as the m2x1' s claim r1u.s concerned? Yes, sir . A. .And aftex- the case r:as dropped. did you notice a.Yly change in this man vs condition'? Ho, I didr1't. Xn other vords, thei~e rms no change in his contii tion after the case \'JaS dropped? A. Ho, i t didn, t 1.3eeu1 to m.~ke eny difference either. one wa~, Ol' the other. Q, . No~, Doctoi-# going back to th~ question that 1~Etlm1· Lee sugGested, you said ihu.t a man could suf'fe:i~ f1•0.ra tX-.:.iill!latic A• Mo , I didn't say II traumatic neuro ::Ji s 1 • neurosis. 0 . Th&t is a different type o :f netu."'o si 0? Yes, U:10.t is a little differcant type. neurosie even thouf1}1 there -rm □ no in~ury'? f,.. ~hat i E called \7hst'? ?sscho-neuxo sis. li4. GALICICH: That's all. -o- It 1:1oul ci be ju s·t a �.,. 0 Daylooo I all 1u-· " ,LLL.Lwxan-o •~ l1Qr u:ltu -~,_,,_,,, .....,. .. ~ t . lotto~ oot· mfIT'J �THE UN ION PACIFIC COitL COLiPallllY Office of Attorney Ro ck Springs, i7yoming October 10 , 1935 n ·. Geor ge :a . P1~yt1e, Vice-Preside;.r~ and Gene,r al L:anae;er , 'I'b.e Union Facific Co2.l vc,,19nny , Rock S~rii',gs , Wyoming . I hnud y ou here:r.7i t h t:10 t 0sti1:iony of t\";o of our l ocal ~ octo1·s tal~en i n u cas e ,:t Gree11 Ri ver o, t ;1e 2 nd d ay of October, 1935 , ,:here:L Pull:,r , t i1e C::; .,mt ; Att crney and o·i; ~1er ~ cle.i;;1ed 0.11 em:9l oyee or th e Li on Coal Co r:ipQn)- uris p0r.:1an0, tly , to·i; ally disab led fr :;:.1 i n:rnni ty. ~::s c c Ge i nvolved s ~Llethin8 nr ound, I think, 08 ,ooo.oo. _·t1is c o.s e ,;ilJ. '..10 of i nte1~e s t to you , beca use I tl1fa,Jc The Union 1-~ c..i.f'ic C..) D.l Co1.:1~:::::n y :ms 0110 er t ·; o s ii:ri. ~.r c ... ses . 1. r;ciri; you to re a.d the tec t i1'10 11~- given by Dr . 'Janner., r· 1ic h illustr :?.t cs ti1e j eop2.rdy r,e e:1~e in a.t C?,lJ. tir.1es. i. ~· 2...,ci out ti1:...t I ;..i3.de a nist o.ke ii.~ .:s. f :i r mer c as e, TT!1ich r.J.ist rik e I u roid ecl in t .!i;:, c:::: se, :md. :;: ~l:::o c.vo ided it in t he Union Pncific Cd ,e of Stigeue Grigl.ione. I t hink I told you the nmny letters Er,d r;ie::;s 2 6 es that I sent to Gener al .1itt cr::.1e~r Loomis. I :1Ll. d t t1is tr :.n1s criptio11 mad e es rJeci&lly for the b<rnefi t of :.:r. Bayless, un:l I ::'. sk you to tur 11 it over to him v:hen you have r e .... d D1~. i'.'c.:~111er's testino:,:1y . on sec ond t h:;u1:)ri;, I think i ·t \wuld . ·be r1el:i. for you al so t o b ot a ;;;ood picture .:,f ho,; e:; sy it is to get one Doctor i 11 ten r i'ift een to c;ive ·l;es tiu011y, \·1hich \"J i l l SU:i)port c.1 l 1:1os t any outrn~eous clui11. If Dr. ~1:.·.m1er hr:..d e;~iued this norkman c '.)nst a ntly fro m the tin e t \r.:,d:; he \'/0:n-l; to t t e Denver specialists, the Lion 00 :.;l Co·..i)any \'io uld have lost the case. It r.1ay be ex1)e,rnive, o.nd ·l;,1is c2.se 1.1as e;c9 0ns .ve fer the Lion Coa l Col;l~Jany,u lmt ue must send our pa:tientD to the specialists neur t ;1e tiv.e of trial and afJ.;er local D::ictors have corrouHted themselves. T:1is case \"JUS eJ;;pensive for r.1e, the tiua that I pit :in on t '.1e case bei ng r1orth a good deal more t lw.n the Lion Coal C:.,,-;ipany i7ill pe.y n e for t\'IO ye c-: rs. Undly -~r'3r.t this le·l;ter as conf'identic.l beti:.icen :,-cu and I.:r. Day less. Yours truly, 'r3T:kb (Signed) T. s. '.I':.lie.ferro, Jr. �/ ,,,. / FORM 2.103 ,,-·"' STAHDARD twt-10.000 ,t:. THE UNION PACIFIC COAL COMPANY hock Sp r ing s , Wyoming Octob er 10, 19 3 5 NO, Attorney :;i r. Geo r g e B. P r yo.e, Vice-P re si en t E.:.n d Gen e r al ~J ana e r , Th e Union Pa ci f i c Co a l Com any , Ro ck Sp r i ng s, V.'y omi n g . De a r Sir: I hanct you h er eY:i t h th e t es t i mony of t wo o f our local Lo cto r s t al{en i n a cas e at Gre en t i v e r on t h e 2n& •ay o f Oc to b er, 1 8c5 , wher in Pal ly , t h e coun t y At torn ey an d o th ers cl e.imed an employe-e o f t h e Lio n ..._Co al t..;omp&ny was pe r man en tly , to t a l 1 y ui s a bled. f rom i ns anity . ---- Tl1i s ca s e involv e some t hi ng a r ound, I t hi nk , $8 , 0 0 0 .00. Thi s c a se "iLll b e 0 1' i nt res t to y ou, b e cau e I t hi nk The Union Pa ci fi c i..,;o al Cor:1p any ha s on e o r t v.ro simil a r ca s e s . I want y ou to r ead t h e t e sti .llony ?;i ven by Dr. Wann er , 11hich illus t r &. t es t h& j eopardy v.re ar e i n at all t i me s. I fin ' out t ha t I :c:ad. e a o i s t ake in a forme r cas e, which illi s t ake I nvo i a e c.. i n t his case, and I also avoi a e d i t in ·the Union Pa cific ca. se of' Eu g ene Gri gl ione . I tni nk I tol d you the many let t e rs 2nQ mes sag e s tha t I s ent to Gen eral Attorn ey Loo□ is. I h ad this t r an sci p tion mac e e spe cially f or the benefit o f i~r . .o ayl es s, an d I 2 sic you to turn it o ve r to him when you have rea d Dr. r:ann e r' s te s timony. On se cond t hought, I thinl-c it would be well for you also to get a goo d picture of ho w easy it i s to get one Doctor in ten or fift e en t o give testimony, v.hich v.r ill support al :.::.o 3t ~ny outrag Eous cl :;.im. I f Dr. 1,·: anner h ad exam ined this r:orKinan ,c.onst .antly from the t i.rre tha t he went to t h e Denver sp eci &.lists, the Lion Coal Company v.ro.1lc. have lost the case. It ~cybe expensive, and this case v!as expensive for the Lion _C oal Company, but v1 e must send our patients to the specialists near the tiwe of trial an6 after local Doctors have co!I!illitted themselves. This case was expensive for me, the time that I put in on the case b sing worth a good dec,.l ;~ or·e than the Lion Coal Co;·a pany will pay :.ne i'or tvm y e a1·s. 1 Kindly trea t this letter as conf ioential between you and i'/l r . .bayl12ss. Yours truly, -.... �The State of . Uyoming) • ss. County of 8v1eetwater.) IN THE DISTRICT CO'CIDT In the lla t ter of the Cl aim -of"\'/ASIL L EVKULICH, employee of the Lion Coal Company, No. 8215. made under the \'lo rkmen 's Compensation La\"1. Excerpts from Transcript of Proceedings -o- Green River, Wyoming, October 2nd, 1&35. �;r . G. \'1AID!ER a \Utness called herein on ·behalf of the claimant,. being firs·t duly sworn according to law, on his oath testified as f ollo~n.,: Direct-examination by Mr. Galicich: ~A. State your name. please. J. G. Wanner. Q,. A. Where do you reside? Rock · Springs, Wyoming. ~- ~hat is your business or profession? Physician and surgeon. A. Q,. A. Q,. A. Q.. A. Q,. A. Q• A. q,. Hou long have you ·been a physician and surgeon? About seventeen years. Hou long in \'iyoming? Fifteen years. You are of the regular school of' medicine? Yes, air. Do you kno't'J the injured \'Jorkman, Vlasil Levkulich? Yes, sir. • Have you ever attended or examined the man in your professional capacity'? Yes, I have e:xami.n ed him several times. A. \7hen did you f'irst examine him? I e,camined him first ·-- I couldni t tell you the exact date, but it . was in the 'hospital shortly after his injury. ~- Do . you knou where he ·was injured? Do yo~ m~an t~e pl.a: c·e'? A. Q,. • Yes. A. I underetood he was injured in one of the mines in which he was employed, while at his duties. Q.. Could you tell us the month and the year of that first · exami~ nation? I do·n 't believe I could wi tmut referring to my office records. A. Q,. A- Do you have them with you? I don't have the records of the first · examination, but I have some recoide of the reports made since that time. THE COURT: He was injured, Doctor, according to the report of the employee, on the 16th of October, 1931. �2 A. (Continuing) I saw him approximately possibly on the 18th or 19th of that same month. ~A. You made an examination of him at that time? Yes, I examined him. I examined one of his ears, on the injured side, because he had been having some bleeding, and Doctor Sanders called me in to see him. I believe he was supposed to have been dizzy. tle were trying to l'ocate the source of his injury at that time. I also examined some x-ray pictures of him. Q,. Now, ·will you !)lease etate to the Court what you found A. Q,. A. Q• A. Q• as a result of that examination~ At that e.xamin ~tion, the ear drum had evidently been ruptured, anCL there was some bloody serum showing over that site at that examination. The :2,-:ray pictures -- I \"lasn"t nble to see in them any definite fracture that would indicate a s1.'Ull fra.cture. The man was \7eak and appeared dizzy ~hen he stood up, and no further examination was made by me at that time. He was sent in latex to me for a check-up of his hearing and vision. When Y✓ @ s that? That we s probably about a month after th~ time he was in the ho spi ta.l. ~'hat did you find at that time? At that time the man complained of lo~ered vision -- very poor vision -- and he had m&riy other symptoms of dizziness and pain in his head. He complained of not being able to hear on ti1e one side. ~ examination at that time did not disclose very much to account for all of those symptoms. I examined him repeatedly, I would say many times, after that. Some of those examinations uere not made as a ·matter of record, but they were made as casual office examinations, and then I made an examination or two after that, uhen r. believe the coal company sent him, or through Docto~s Lauzer and Sanders, and then I made regular repo·r ts of those exainina ti one. But his symptoms during those periods never seemed to dovetail with ·the physical findings. When did you last examine this man? ref er to my records here? A. llay I q,. Yes. A. I cannot tell you the exact date, but it was in· September of 1933, according to my last records, before . he was sent to Denver. Q• A. What did you find at that time? I was unable to find any pbyaical evidence to support the man's symptoms at any time·. I considered that either the man was malingering or that he had some symptoms or some �3 objective signs ~hich I could not correlate with the things he complained of. I suggested to someone -- I don't know v1hether it 1tJ as the Court or who it was -- at that time that the man be sent for a complete neurological and serological examination, and selected three or four men in Denver to do this who had not previously examined the man. As I recall, he had been examined in Salt Lake and had been pron.o unced a malingerer, but, to give the man the benefit of the doubt, we selected t\'m outstanding men in Denver. But you asked me what I found. The man always complained that he could not see. That was his main complaint. He also complained that he was dizzy, und he had pains in his head~ and he could not hear ui th one ear. In my tests of his vision, I v1as never able at any time to g et him to co-operate sufficiently to find out v;hether he could see or not. He would refuse to read any kind of a chart. Uhether the char"t be held up tuen ty feet from him or whether it was held up in front of his face, he s aid he couldn't see anything. although he was able to get around fairly satisfactorily. Q• A. Q. A. ~- Did you ever see him after that examination in 1933? I'm sorry, but I don't have my office records ui th me, and I don't know 'liihether I did or not. At least, I don't believe I made any reports on him after that time. Did you ever see him uhen he ,;ms not at your office is, see him casually? I believe I have seen him on the street, yes. that A. Now, I uill ask you to state, from your examination of the v10rkman -- did you find any pennanent physical disabili•ty, or did you find any -(Interposing} I would like to have that question put a little differently. if possible, so that I may answer it more intelligently. Do you mean, did I find any objective signs, signs that I could see, of physical disability? Q,. Yes, objective symptoms. A. ~e speak of objective signs as something we can see~ and subjective as something that the patient feels. I have never been able to find any objective signs at all to account for his alleged trouble or symptoms. Q. No~. in your opinion, do you believe that there are subject1 ve symptoms or that there is something \·1rong with the man mentally? • Yea, I have formed a definite opinion in that regard through this period of time in 't'lbich I had observed him and in reading the reports of the specialists \.7ho have examined hiu, and I have formed a definite opinion as to what I think his trouble is. A. ~- A. What is that opinion? My opinion is that he has a condition known as post-traumatic �neurosis, or psychosis. I believe the man believes in llis own mind that these things are wr.ong with him. At first I was inclh1ed to believe, like the other men, that the man was an out-and-out malingerer, but I am convinced now that he is not. I believe, if you want to so call it, that it is a mild for..a of insanity. ~A. In your opinion, is this mental condition due to the injuries which he sustained in October, 1931? In my personal opinion, it could be possible. MR. T.ALIAFERRO~ I object to the answer and move that it be st1·icken out. He asked him, in his opinion, did he consider his mental condition no w the resul ·i of the accident• and now he · says, "In my :personal o pinion, I thinlc i t might be possible". That is simply a guess. THE COURT: S\1er Maybe that is c1s definitely as he can an- it. THE WIT".clESS: I might qualify that, if the Court v,ishes, on this basis -- that these cases are compai·a ti ~vely rare, and much of our opinion is forned on the past record of similar cases that ~e have read about or have seen come up before other courts of a similar nature. !'.:iy findings are based principally u pon the interpretation of the reports of the other specialists who have examined this man. UR. Ti'. .LIAF~: I object to his baaing his opinion upon reports of other specialists that have examined him. This is not a hypothetical question. THE COURT: Q,. A. ~- A. Q• A. I think I uill let the ·anawer stand. Does this post-traumatic neurosis disable this man :from perfo:rming ~ork at a ~ainful occupation? As long as it exists, yes. I will ask you to state uhether or not, in your o~inion. the post-trs.umv.tic neurosis condition that you found to 'be present in connection with this case, or this particular workman, Wasil 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 say that many times in euch 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 bas been settlea. Doctor, are you a member of the Sweetwater County lunacy commission? Yes, sir. �5 Q.. A. Q• A. Vihat would you say as to the mentality of this workman'? r.·s _ it normal, above normal or below normal'? ~Tot knov1ing the man before his :present condition, I would not be able to say definitely, but I would probably classify . him as being somewhat below nonnal. From your examination of this man. Doctor, do you know definitely, or even e.ppro.ximately, when this 11ost-traumatic neuro si a vms developed or when it became present :.n the man to such an extent that he could not ~erform work at a gainful occupation? I understand the man MR. T.ALIAFERRO: Your Honor please. I object to wha:t he understands, if A. You mean, since the injuiy? Q,. Since the injury. It is my opinion that the traumatic neurosis took place imwediately following his injury . Q,. .And ,1as present '-'- t the d.a te of your last examination. in September, 1933? Yes, sir. A. A. Could you state from your casual observation of this man af- A. Q,. A. Q,. A. Q,. A. ter that time whether that condition still existed at the tirne you sa\1 him, and, if so. approximately what time or date that r:;as? 'l'he only way I could answer that is that the last time I personally saw him and examined him, it existed, and in talking to members of hie family and others, the condition uas appurentl~! the same t1hen I ,;·10uld inquire about him. In other words. you ke_pt in close touc'h with this case since its inception to the present time, is that correct? l:'airly close, through asking about his welfare from his other doctors and his wife and one or two of his children thnt I have seen. I ~ill ask you to state, to ascertain and to realize thnt this traumatic neurosis condition exists -- can that be found upon one examination of a workman or does that require a continuous study of the case? There are certain cases of traumatic neurosis ~hich are demonstrated by actual plzyeical findings, such as x-ra:y pictures. and there are some that we are not able to demonstrate and yet we know they exist. In which 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 aYJUptome. �6 Q,. A. I rnll ask you, then, in a case like this, referring to this pal'ticular case of this man, Wasil Levkulich, could some doctor, by e~amining him only once, determine whether ox not he was suffering from trauma.tic neurosis or would it require an observation over a period of time? I believe it would be necessary to observe any type of neurosis or psycho Gi s to determine v1hether it was present and to what degree. !J.R. Gi\LICIOH: You may cross-mcamine. Cross-IIJ;mminc. tion b;'{ :11·. Taliaferro: Q,. A. Doctor, when did you fol'til c1n opinion that t h e workman or claimant here wi;:s suffering fxom traumatic neurosis'? \?hen did I form that opinion'? Q,. Yes, when did you form that opinion? I believe I formed that opinion after the man was examined. in Denver. Q.. Mot un ti 1 after he was examined in Denver did you form that opinion? Yes, sir. A. A. Q,. Did you form that opinion, as you have sta. ted, from the reports that ,1ere received from these specialists in Denver and Salt Lake? A. The re;;,orts would indicate that the man did. not have a traumn. tic neurosis. Q. A. And you fom.ed that opinion after you had read these reports? Yes, :air. A. So that you didn't form your opinion as to the physical and mental condition of this claimant from what these other surgeons have said'? I was able to separate the ~heat from the chaff, so to speak, and from -the highlights of their :findings, these complete reports, I was able to sift down and correlate them, and I formed my opinion from that source rather than from ,,hat the doctors' opinions were of the case. Q,. You testified at one time that you a~rived at that conclusion as to the condition of this workman from what the specialists had said about him, wbat they reported? I did. Q,. A. Q,. A. You arrived at it from -what they said? Ye£, sir. And i t V1as, then, tho.t you read between the lines ane;. dGtermined that some of the thingo that 'they said \"Jere chaff and other things that they said were \1heat? Yes, air. �7 q,.. A. Q, • A. Ana that is the wa.y you have arrived at your present conclu~ion'i' Hot entirely. It is a lso from taking into conside:rati.on my past dealings personally with the patient and my examinations of him on ma ny occasions. But you h<:1ven' t examined him since he returned from Denver 2nd Galt Lake~ e::r.ce:p t to a:3ee him. on the street? According to my record s, I don't belie·ve I h av e e.:;:amined him. Q. A. I say, you b.aven 't examined him since you sen ·t him to Denver? He has been 1:dnce tha. t, yes. He v,en t to Mayo u ' s ince then. Q,. Have you examined him since he vrnnt to Ifayo s '? no, s ir. Q.· Th.en what is the use of bringing in that mayo business? -asking direct questions. Yes, cir. A. A. ·1 'm lfow , the f a ct of the ma tter is, Doctor , in September,. 1933, you .~ ,d e a statenent, did you, over your own signature, with Doctor Lauzer and Doctor Sanders, that you \iere unable to tell that this man Vias suffering from any physical or mental condition, anti recommended that he be sent to · other specialists? A.. I don't remember my report m tb.out seeing it. Q.· A. I '11 sho·.:1 it to you ( handing paper to witness). See if you recognize t his. See if' you recollect it. I hand you a copy of a letter, and see if you can identify that as being a letter that you ~rote. The original. of course, is in Denver. Yes, sir. Q, . ~- You wrote that letter, did you? A. Yes, sir. Q;. A- .ft.nd the da. te of it? ~A. You haven't e.xa~ined this man since tben, have you? I don't believe I have. September 11th, 1933. Q• That is what you have testified to. A. I don't recall any. q,. On September 11th, 1933, you addressed a letter to Doctor Franklin G. Ebaugh, 4200 East :Uinth .Avenue, Denver, Colorado? Yes, air. A. �8 - A. Now, before going further into that letter, I will ask you if you recollect joining in with Doctor Lauzer and Doctor Sanders in a letter to li:Ir. R. Y. Gibson on 1larch 22nd,. 1933.• Yes, sir. q. In that letter, you stated Q,. MR. GALICICH: If the Court please, if they are going to quote from the letter, why not offer it in evidence? The . letters are the best evidence, and ue would like to see the letters. ilR. 'f.ALIP.FERRO ·: 1v11 introduce them, if you want me to, after they are identified. MR. GALICICH: But you \Vere asking what 1-ias in it. weren't identifying it. r.m. T.ALI.AFERRO: ilR. GALICICH: Y.ou :Do you want to see it no\v? \'le \,ould like to see it. VTe can possi- bly eave time. MR. Tl4I AFERRO: I think we can save time if. you will let me cross-examine him as to his recollection of the rec- ords. (\7hereupon, a paper uas marked for identification as · Employer's Exhlbi t .A) . llR. TALIAFERRO: I \'1ould like thi.s letter to -be admit- ted in evidence, if Your llonor please. !.ffi. GALI CICH: Q.. Uc obj eotion. In this letter of Uarch 22nd, 1933, marked Employer's E~iliibit A, the following ·appears -"We examined him very carefully and could find no evi- dence of any permanent disability as a result of the accident, unless 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''. A. Q.• And that is signed by Lauzer, Sanders and Wanner. now, what other means, since this· workman was examined by these Denver surgeons, has been developed by which you could find out personally, yourself, about thi d? You hadn't examined him, you· stated? No, sir. What I am getting at, Doctor, is what you read in the reports of these surgeons. That was the only other means you had, isn't that true? �9 A. Q,. ~fo, that is not true, in my sense of the int.erpretation of it, as to what other means I · had. I rely upon my authorities in medicine, possibly like an attorney relies on his authorities in legal matters -- hie books -- and my opinion has been molded during that time by my past observation of this patient plus the reports which we have received si~ce. Plus the reports? A. Yes, si:r. Q,. In other words, you have changed your own opinion of the matter without any founaation whatsoever as to examination, except t _h e reports of these Denver surgeons? Yes, sir. A. Q,. A. And that is the way that you have changed your opinion? I have changed my opinion by n correlation of my past examinations vd.t..'11 the addition of these other reports. But those past examinations v;ere to the effect, according to your letter, that you had no means at your command. That is uby vie sent him doun there. Q,. A. That is uhat you say -- that you had no means? That is right. Q,. That was true Tihen you sent this letter, wasn't it? A. Yes, sir. Q,. The fact of the matter is, uhen you come down to it, that you have siLlply changed your thought since you examined A. Yes, I have. Q.• And that change has been made without any examination of him this man? at all'? Yes, sir. And thut change is in violation of the opinion of these doctors, these Denver surgeon ff? Yes, sir. Q,. A. rTow, Doctor, you say that you wrote a letter to Doctor Franklin G. Ebaugh on September 11th, 1933? Yes, sir. lm. T.ALI.AFERF.O: I think I will put this letter in, too. HR. G.ALICICH: No objection. ( Vlhereupon, the paper in question was marked for identification as Employer's Exhibit B). �10 ' ~A. What is your specialty as a physician and surgeon, Doctor? I specialize in eye , ear, nose anct throat. Q, . What is a neurolo gist? A neurologist is a man who deals with the brain and nervous system, · principally. A. Q. . A. Are you a s 1,eciali st in that? No, sir. Q, . In this letter marked Employer's E.xhibi t B, you state -- /A. ! have been asked by Mr. T. s. Tali a ferro •, attorney of the coal companies here, to contact a neurologist in Denver for the purpose of arra.~ging an examin a tion for an employee of one of these companies 0 - and you go on further and name Doctor Ed-1ard Delehanty. You asked him to contact a neurologist? Yes. sir. Q. And then you fu~tber say -- A. As regards consultation I uould like to suggest that you call in another neurologist in rendering your report, and any of the following men would oe acceptable" -and then you give the name of Doctor Edward Delehanty. :How, you testified that you are not a neurologist'? No, sir, I am not. 11 11 Do you lmo\7 who Doctor Delehanty is? Yes, sir. He is a neurologist in Denver. Is that his special line in the profession? Yes, sir. Q,. Do you recognize him as being a competent, efficient and skillful neurologist? Yes, sir, he is a very good man. You got a report from him~ didn't you? . Yea, sir. A. Did you come to your conclusion or your opinion -- this opinion that has been formed since the report was gi van by Doctor Delehanty -- from that report, did you come to your conclusion tha,t this man, this workma..r1, was suffering from an insane delusion? If I believed his report, I would think that the man was malingering in put ting on all of those symptoms .. So you didn't come to your present conclusion as to this man's mental condition from anything that Doctor Delehanty, who is a neurologist, has said? No. sir. �11 Q,. A. Their r ep ort to you vms exactly opposite, -r,aan't it? It was th&t he couldn't find any evidence of any mental trouble vdth him'? I don't recall the gist of his repo1·t. Q• A. Generally o v.r::1 ~n ' t that his report to you? Gene:rally, his conclusions, as I remember them, were that the man was a rnalingerer and that he had nothing wrong with him and that he was putting on. Q. Either mental or ~.bysica l? Yes, sir. A. Q,. A. Therefore, the conclusion that you made YJaS contra:ry to what Doctor Delehanty informed you? Yea, sir. A. So his report didn't enter at al l into this conclusion of yours, this new conclusion? There \'Jere many thing s in his report which eliminated and cleared up points that uere not clear in our minds as to other mental· and pbysical aEJpccts of the case. Q.. Do you knov; Doctor Fred s . Halsted~.> Yes, sir. Q.. A. Q.• A. Q,. A. Q.• A. \'1hat i s hi s specialty'? I think h e does ear, nose and throat. I don't know VJhether he does eye \'Jork or not, but I know he does ear, nose and throat. Did you g et a report from him? I have a copy of his report, yes, sir. I don't know whether it \'las sent to me or not, but 1 think I have a copy here. Yes, I have a copy of Doctor Halsted' a report here. Did you form this later conclusion of yours from anything tha. t he said in hi s ref)o rt to you? J:Tot any more than I did from Doctor Delehanty's report. \"fae against the finding of any mental t1·ouble vii th this workman, vrasn' t it, as he reported. it to you's A. . I cannot answer tha.t without reading his report over. - I cannot remember all that he said in the report. Q.•· .And his report Q,. The fact of the matter is, Doctor, that you didn't pay much attention to what these doctors in Denver that you had ref erred this man to said, did you? The fact of the matter is I paid considerable attention to what they said. A. Q. A. You weren't guided by them in any VJay, were you? In making a diagnosis, I make it by a process of elimination, and by reading the reports I was able to eliminate certain factors, which I appreciated and valued their reports for. �,, 12 Q.• A. Q,. So you have come to this conclusion, not from subsequent exami11ation of t:hi s workman, but from analyzing the reports that the~e doctors made? 'Not entirely. Aa 1 stated before, i t was from my correlation and my previous findings in this case, plus these reports. Hovr, on the 11th d.ay of September • .193:.-S , you stated to l)octor Ebaugh -- "It has been rr;y opinion from the very s-tart that the patient has malingered, especially as to loss of vision, and I am in some doubt as to his loss of hearing. This hes also been the opinion of other men v1ho h a ve examined him". A. Tha.t ,;;as your thought in September, 1933, wasn't i t'r Yes, sir. Q,. \'!ho is Doctor Ebaugh? A. Doctor Ebaugh is considered a very high-class man in his profession as a neurologist. Q,. In what? In neurology. A. Q,• A. That is, in mental disorde1's or nervous ciisorders? Yes, sir . Q.• He i ta considered a ver:1 high-class man? A. Yes, sir. Q,. A. And that is no t your specialty? .no, sir. Q.. And, notuithstanding the statements of Doctor Ebaugh raaue to you, and the statements that Doctor Delehanty made to you, whom you recommend aa being high~claes men in that line -- you do, do you not? I do. A. Q.• A. Q.. A. Q,. A- l Continuing) -- you formed~ since you saw their reports ., a different opinion? Yes, sir. And you formed that opinion from their reports and not from an examination of this workman? I didn't say that. But you ea.id you hadn't examined him since'? I said my present opinion is formed from my past frequent examinations of the man, plus these reports. Q.• So you had no such past opinion on September 11th, 1~33? A. Uy oyinion before that was that the man was malingering. I am frank in so stating that I thought the man was a ma- lingerer. �13 Q,. Therefore, your opinion since that time, or your present opinion, is apparently formed in the face of the reports of these specialists tha.t you referred this man to? Wot en ti rely. Q,. From v/hat, i f you haven't examined him'? A. My opinion has been formed by the study of case reyorts and reading of a uthorities on similar cases, ane1 it is my ouinion that the1·e is no method of examination that can uemonstrate any subjective evi d ence of injury in this man. Q,. Why did you sena this -r1orkman, at your request made to me why o.id you send him to Denver to be examined by these doc- -- tors? In order to clear the case up, i f possible. Q.• A. Q, • A. You at that time had no o pinion of the mutter, and you weren't an expert in that ma tte:r? JJI.y opinion ~as that the man was a ~alingerer. What has occurred since then to change that opinion? I t1ill repeat what has occu:rred. I make my diagnosis by a process of elimination. I have taken into consideration rny past ex~.minations of the man, and my thoughts and opinions at that time, and the rep orts that were furnished by the Salt Lake doctors and the Denver doctors and the Mayo Clinic, and my reading of raedical books, books of authority, on similar cases, and that has molded. my present opinion. A. That has molded your :present opinion? Yes, sir. ~A. And it has changed since September, 1933? Yes, sir. Q.• ~- - And you are not an expert upon mental and nervous diseases? lifo, sir. A. Q,. A. Q,. A. Vlill you give me the doctor books that you have read, that you have referred to that you have read, upon this matter of mental disorders. since the 11th ciay of September, 1~33'? I don't sup1)ose I could. quote all of them to you. I asked you for the names of the books. I say, I don't suppose I could quote a11 of them, but I have read Webster's Legal Medicine and Toxicology and Warbasae on Surgery. ~. Did they deal - especially with traumatic neurosis? A. That is the subject I was interested in. I dicm't ask you that. especially. A . . Yes, air. Q.• I asked you, did they deal with it �14 0 't. A. You read them. Don't you know whether they dealt ·with this or not? They didn I t deal i,•1i th this case. but they dealt with sirtl- lar cas es. Q,. Did they deul with tl'rl. s q·a estion? Yes, sir. Q,. 1'ha t i s t wo a.u tho ri ti cs? Yes, six. A. A. A. When did you read them , Do cto r-7 ·oh, I rea d them, one of them, within t h e l a s t week, because I thought -- Q.• To get .ready to t .e stify in thi s case? I thought I \'Jould b e called u pon to give an opinion. Q• A. Q, - A. Q. T'nen your opinion fro m these books has been made within the last ueek? lTo , sir. A. No w, reading these t~o books h a s influenced your opinion in this ca se, isn't tha t true? No, sir. They di d enl a rge my viet:point or refreshed rey memo1·y, b ecaue e I though t I would be called u1;1on to testify to -r:hs.t I thought traumatic neur osis v1as. Q, • You say you a re not an eJcpe.rt in that? ~1o, sir, I am not. J...• Q,. A. Q,. A. But you are a sp ecialist in eye, ear, nose and throat? Yes, si1·. That is 't'7.hat you ha.ve studied, isn't it, Do cto:c? I have studied general medicine and surgery. I serve on a lunacy cormni ssion, al though I am not at all an expart on insanity, and do not pretend to be. A Judge of a court serves on a lunacy commission, doesn't he? A •. Yes, sir. But I am not testifying here as an expert in this case as to mental conditions. Q.• ~A. Then what you have said here is not ae an expert? Absolutely no. llR. T.ALI .AFEBRO : That is al 1 , Doctor. �15 Redi:rect-examina,tion by llr. Galicich: Q,. A. Is tha t you i· o pinion as a doctor of medicine? It is. MR . GALI CI CH: 'tha t i s all. ( \'ihereupon, t h e wi tt1ess wa s excused) • -o- �16 ' •E . S. L.AUZ.ER a witness called herein on · b ~half of the claimant, being first duly swom according to law, on his oath testified as follows: ' Direct- e.xa."llin a tion by _hlr ~ Gali ci c..h.: ~- State your name, ulease. s. Lauzer. A. E. - • ~- ~"'.here do you reside? A. Ro ck Springs. Q,. A. What i:;; your profession? Physician and emrgeon. Q• A. How long have you been a physici an a nd surgeon? Since 1905. ~1 - At uhat place'? A. Ro ck Spring s. ~- Were you in vyoming all of th~t time? Q,. You ere a g racluate of vihat scr.:001? University of rJebr.a ska. A. A. All of that tima. A. Do you krlo , ,-1 the injured vlOrkr,ian, Yuasil Levkulich? I do. Q.• Were you ever called upon to treat him in your professional A. capacity? Yes, sir. Q,. I will ask you to etate whether or not you uere called upon to treat him in your professional capacity during the month Q,. of October, 1931. A . . Yes, eir. ~- On what date? October 16th. ~- Where did you first see the w01:·kman? I saw him first at the hospital. Doctor Sanders went first to the mine and picked him up and brought him to the hospi- A. A. tal. A. You say he was injured in the mine'? Yes. sir. the Lion coal mine. Q,. Did you see him the same day that he was injured'? Yes, sir, I saw him after he entered the hoepi tal. Q,. A. �Q,. 17 State to the Court whe.t you found in your examination of the workman. At that time I found he had n sli ght laceration on the right sioe of the head, somewhat over the :right temple, and he was bleeding a little from the ri ght ear. He was in a slight stupor and a state of shock at the time. Yl as he conscious ox unconscious when you saw him? Ile was semi-conscious. Q.. A. Ho w lon g did he s t ay in that sem.i-conscious condition'? .About two days. Q.• Was he your patient'? He wa s treated by me, yes, sir. A. A. And by v1.ri.0m else? Doctor Sanders. Q.• Doctor Sanders is your associa. ie? Yes, sir. Q.• A. Q. . How long did you treat this man? trea ted him right a.long. I lwve treated him until the present time. A. I Q, . ·when did you last examine him? The d&y before yesterday he was at the office. A. Q. Did llr. Levlrulich suffer any disability, any physical or oojective disability, as a result of that accident, and for A. He was -- you mean how long has he been di sabled'? ~- Yes, how long was he disabled, that you could show and see hi a di ea.bi li ty? Re left the hospi-tal on the 24th day of October of the same year, 1931, but at that time I didn't figure he Vias able to work, and it has been going on up to the present. We hever have been able to decide -- that is, at least, I haven't -whether he has any physical disability _notJ or not. ho w long? ,A. A. In your examination of the ~orkman the day before yesterday, did you f i:id any disability whatever, either physical or mental? The only thing I could deciq.e anywhere near was that he had some kind of a mental depression. ·o ut what it was, I could not say, but as far as any physical defects, I couldn 1 t find any. Q,. A. When did you first discover this mental di sabili -cy? Oh, i t was sometime after he went home, but I don't know hov1 long afterwards. ~- �'-:,. 1.8 Q, • A. Q• A. Q.• A. Do you have any idea. as to the a.pproxima te time? I:To. I think -- that ia, he Ymsn't entirely -- well, I just couldn't say, but sometime after he went home, because he was sort of depressed while he was at the hospital, and then we thought we would let him go home and it v10uld p:robnbly clenr up a little better, but i t apparently didn't .and i t is still there. \'! ould you say this mental condition is the result of the injury that he susto.ined in October, 1931'? Uo, I woul dn't, bec ause I can't prove it. I don 1 t know. VJha t i s your opinion in t he me. tter? :fuTy opinion is that I have a l vmys felt tha t there must be some connection between his mental condition now a nd the accident, but I never could p oint out a nything t ha t I could absolutely stand on by any method of examina tion. ~A. Do you mean physically? Physically or any other ..-ray. Q, . 'Ghat i s the extent of this man's depression or mental disability'? Does i t incapacitate him partially or totally'? It appa rently is total. At least, he feels that way. A. ~A. Q,. A. Would you say that his menta l condition is pennanent or me1·ely temporary? I don' t k no w. It has been going on so long, I don't know whether it is permanent or ,.. ,h ether i t is something that still may be cleared up. Do you kno \i ho w he sust.ained his injury? A timber hit him on the he.ad. ~- The examina tion showed that he was struck by a heavy object? A. Yes. FIR. GAL!yICH: You may cross-examine. Cross-examination by :Mr. Taliaferro: Q,. A. Q.. A. Q,. Doctor, all you know about any mental disorder that he has . is wb..at he says himself? Th£i.t is all. That is all, but we can't prove it. .And you don't know whether 7ihat he says if feigned or fraudulent or whether it is true? No, I don 1 t. I don't kno~. And your conclusion was entirely drawn from v1hat he tell a you'? A. . Yes, sir. ~- Are you an expert, Doctor? Ie that your specialty -- in mental and nervous diseases? �19 Q,. A. Q, . A. You concurred with Do cto1· Wanner that this man should be sent to speci E~li sts on nervous diseases? Yes, eir, because we felt we were not able to make a neurolo g ical e:iran:lirrn.tiou. You couldn" t f inci any evidence of mental disease excep t what he told you? That is all. Q,. Do you know Doctor Edv1ard Delehanty? A.. Yes, sir. A. Vfuat is his re·o utation os a ·mental surgeon a nd physician? He is one of the highest class men in that line in this viesteJ:·n country. Q,. Would his opinion have influence \7i th you as a physician A. Yes, Q,. and rurgeon on e, mental matter? Sil.', it t !OUld. I nould say it tJOUld. -~. Do you know Doctor Halsted? A. Ho, I don't. I hnve heard of him, but I don't know him~ Q. . Do you knoTI of his reputation? I have heard of him by reputation~ yes. A. Q,. Yiha t is i t? A. IIe ii.; e, nose and throat specialist, as I recall it. Q• What is his reputation in that field? I t i s go o d . 1. . Q- A. You don't kno w hira pexsonally? Jfo, I don tt. ~- But you do know Doctor Delehanty? A~ Yes, sir. ~. Do you knou Doctor F. B. Stephenson? A. . No , I don ' t. Q. A. Do you knov, anything about his reputation? can 1 t say that I do. I A. Do you know Doctor Ebaugh? I don't know him personally, but I know him by repute.tion, a.nd I hD.ve had correspondence d th him. Q,. What 1 s his ep e ci al ty? He is a neurologist and psychiatrist. Q,. A. ~- That is, mental and nervous disorders'? A. Yes, sir. �20 Q,. Wh a t is his rep utation? A. Very high-class. Q.. A. ':lould y ou b e influe nced in forming an opinion by wbat he ea.id? Yes, I Y:OUl d. Q, ~ In a mental case? A. Yes, sir. Q,- A~ Do you know Doctor Kerby of Salt La ke Ci ty'"t Yes, sir. Q.. \1!11a t is his specia lty? A. x-ray. hl1a t i s his r eputati on ? Is he s killful in tha t '? Q,. 1 A. Yes, sir, first-class. ~- In the ex amina tion of an x-ra y, woulci you be guided in any -way by h is sta. tements? Yes, I \7ould 'be inclined to accept his diagnosis. A. Q, . A. Do you k now Doctor Edwin '1Ianson Hehe r? Ye s. A~ Wh @t is hi s s-p ec i a lty? bye, e&r , no tie a nd thro at . Q,. A. :Co you k ncVT him personally? Ye e . Q,. A. \'iha t i'i:3 bi s stunding a s a s i:iecialist in that regard? High-cl a ss. A. 0. Would you be guided a good deal by wha. t he· said? Yes, I would, in tha.t line. Q.• A. I mean, in that special branch of medicine e.nd surgery? Yee, I would. Q, •. A. Yes. Q,. Q.• A. o.,. Do you kno\v Doctor Foster J. Curtis? Of Sa lt Lake Ci -cy? Yee. What 1 e hie specialty? A. Ee is a neurologist. q. Mental and nervous diseases? Yes. A. Q,.. Do you kno w him personally? A. . Yes, sir. �21 \'•·1'J~ ,">~ t 1• 1:: .u :t. s l" epu •, P,t1on d iseases? Ve1."Y hi g h-class. ,h, Q. . A. Q, . A. .,_ • £t B a speciali s t in mental and nervous '\':'.nat would you think of 1:1. r e_port made by hira? Would you be influ e nc ed by i t? Yes, I YJOUld. I would g ive i t deep consideration, at least. You t h ink they a re worthy of con s ideration? Yes, sir. liJL T1\LI 1\Jl .ERRO: 1 Tha t's all. Redirect-examinati on by t'i:r. Galicich: Q,. A. Going back to the workn a.n, Y!as il Levkulich, Doctor, in your opinion, would you 0ay thi s ma n is a malingere1· or tl1a t he is actually suffering fro m a mental d isorder-? I neTer felt, a s I sta ted befox·e, t b.at he was a malingerer, entirely. There were some thing s tha t he exaggerated -no que stion a.bout it -- b ut ho w mu ch , I couldn : t decide. Q, . A. You wou.ldn 't s ay he is totclly malingering'? Q, . Do you feel thexe is a mental disability in addition to lTo , I VJCI u l dn ' t. ma lin g e ring? do. Y e 1;: , I Could ~rou e sti ma te that, or in any w~ give the Court some idea as to how much you think is put on and how much is actua-.lly a m~n t al sta te? I w o uld □ 't even a ttem·o t to, because it can't 'b e done. We can't measure it. That is the reason we sent him the last time to the 7.f ayo Clinic, f'. nd they couldn't cl.o it. TI!E COURT: Is tha~ Mayo Clinic report in the file he.re? MR. TJJ.IAFlIRRO: No, sir, I don't. think so, but I wouldn't object to i .t being put in. UR. GJLICICH: Yes, that is agreeable with us. ( Whereupon. two papers were marked for identification as Employer's Exhibit C and Employer's Report D). :mxamination by the Court: Q.. A. What i a your interpretation of that report, Doctor? That there is some relationship -- they feel the same e.a we have expressed here -- that · there is some relationehip bet ween the injury and his mental attitude, but what i t is, Vie caa 't substantiate, and there ia no wa:s of proving it. �Recross-e::i:amin a tion by Mr. Tulia.ferro: Cal line your attention to the last p&ragraph here -- "The presumption io thn.t injury induces r;tructurc:.l cru:inges of a sufficient cegree to alter ou:r oubj ecti ve processes" thu t simply raer,n s tl-. r. t there is a presumption? A. Yes. o.., . (Contit'ming reading) -- ''but we are not in a position to find. pbysi cal signs to co rreSiJOnd rii th thernu. Exactly, anti th& t u a s our thought -- we coulcln I t find it. Q,. Vlas tllat ;your thought? Yes, ..,ir. A. ]lB. . Ti;LI .iili'EP.IiO: co ncernec.. Tha t i n a ll . :Do c tor , eo far a s I W!1 Examination by the Court: Q,. A. Q.. A. Q,. Doctor, are you £..cquainted with these traumatic neurosis • cnr.ies: De you usually find :physical syrup toms to explain the n.ental condition or not? '.i'his trr:;.umc:tic neu.I·osis is a co m:pa·utively recent di:::;ease, ruld. it is rathe:r indefinite. Ti1at is, you may have an injur~~ to a leei and you h av e a peculiar lot of sympto·ms there and you c~n' t account for them in any other way, but because you have an injury it ~ould be prob&bly classed as a traumatic neurosis. In this case, the injury is to the head. ancl these peculiar conditions have come on. I knew thie man before, and, of course, he was a little below normal intelligence then, but since then this bas been agbravated, but whether it is the &ccident or something else, we don ' t know. You at one tirae thought he was a malingerer, di dn t you'? Not entirely, no. I kne\"1 some of it was, but I never thought he was entirely a malingerer all the time. You still think that part of it was ma.lingering? A. Yes, sir, I think part of it. Q,. A. You th.ink he is putting it on? Some of it, yes. Q,. A. But you don't know how much? Mo, sir. We can't differentiate. THE COURT: That '.s all. Recross-examination by llr. Taliaferro: Q.• Doctor, in Doctor :Delehanty ' s cross-examination in this case, on Intcrrogato zy No. 4. which is as follows: �23 A. "State and e:xplain what is meant by traumatic neurosi s 11 and, in answer to that, Doctor Delehanty says thi a -" 'Traumatic neurosis' is a term applied to a train of mental or nervous symptoms which develop following · an accident and tJhich are caused by other influences than trauoa".. Yes, that is true. Q, . It may be caused by other things except the blo\"ll Yes, it may be caused by other things. Q,. Arthur Lee sugge0ts this question, Doctor -- May not neurosis develop from a malingering and apart ~rom any a.cciden t? That i ·s possible, yes. Q,. In other words, a person can think of himself having a di -· sease and believe he has a disease v1hen there is no disease? Yes, · tuat is possible. A. A. Q,. A. You heard Doctor Wanner' s testimony? Yes, ::ir, I did. You 11 stened to it?. Yes, I did. Q,. And he said in his testimony that a person uho is a malingerer and i:1ho has thought about his condition ·and who has made himself nervous in such a uay as to affect his mind may clear up \7hen it is definitely determined that he is .to get compensation or that i t is definitely asserted that he ·is not to get compensation. Did you catch that? • Yes. Q,. A. In other words, either one way or the other, the matter might clear up? Yes. That \"lOUld be the man 's oYm thought, wouldn't it, rather than from the trauma? A. . Yes, it appears that wa;s . Q,. llR. TALI .AFERRO: That's all. Redirect-examination by Hr. Galicich: Q.• lfo.w, in thi .s particular case·, Doctor; you are well acquaint- ed with the matter as it proceeded in the courts, are you not? That ia, you remember v1hen the case was originally 1:iJ'et for hearing in l'd33? A. Yes. ,. A. Yee. And then the man was sent to the doc to rs in Denverl �24 Q,. A. Q,: And after the 1,eports came back, the matter was dropped, so far as the man's claim wae concerned'? Yes, sir. A.~d after the case uas dropped, did you notice any change in _ this man's condition? A. l~o, I didn't. Q,. In other words, the1,e was no change in his condition after the case was dropped? Mo, it didn't seem to make any d.iff erence either one nay or the other. A. Q,. lfow., Doctor, going back to the auestion that Arthur Lee suggested, you said that a man could suffer from traumatic neurosis even though there ~1as no injury? Mo, I didn 1 t say II trauma tic neuro si s 11 • It" would be just a neurosis. Q,. A. That is a di f:feren t type of neurosis? Yes, that is a little different type. Q,. A• Tha·t is called \7hat? Psycho-neuro ei s. liR. GALICICH: That's all. ( Whereupon., the witness was excused). -o- �MAR 9 - 193s !1:r. !}. ih11 .Llu:tr ~it,y Dear Si:r : Your lGttcr oi' I:.l~ l.'cl'l '1th 1s DG!:'0.,: 8 mo o .l-1.S I UllLi.0'r-f)t~i'.Hi the t;or..1p <Jrrn·1t1on L ari, t110 pur11osos ror t7llich Hrs. ~ ti~;ick1 t:isn.cs t11c 1·ili1p ~um 1-H;,~r!f ou t Z:re u ot cont o:npl atct¼. tJ~ tn:.; 1aw as 001:ug ooJects .i"oi:· 'i..l11cn lmup suw f.1l\Ywx-m'c-s \':i l l ·oe !!mcte, i:mct I i.3ra c 1 rcrLc.i. tn:.:t i.t 1 consEmt ed. to 1 t, I \:ould. be s1:;tting a :1•ocvuell. t ttrn t .. ould give m0 unto..l,.:; t rouble, cJld ·t >rin~ mucn critlei t u 1.l;}Oil ,jJ J b,Gti:·· . rjicw:··1 ::. c0::::i,-?rJns:st:lo {.;.\"; Q;."d. is t;.ot iut'.:::ndcd to oe used L, puying i'l0r nt:rnb~s.~1c~' r:s u 'Ot~, r..or is 1 t int ot ueu ·t o b~~ ·u;:od 1·or _:;uyin_:, 8.UY ctcots. Tu0 f;t2.tute 9t'. r·tlct1.l::rly st c t ,e s t .ne.t no ·,02·tion o.r this .runct. CEll yas~ l:ly r:tt.:.cooo.ut , or miy o'th0r op•:'.::r..s.tion of l~n.-,·1 Lhic.i:l r:ou.Lu include, of cours~: contr.:!cts, ,.:greemer..1t.s, etc . Tho oo:noy is pro. 1 to t:, sui ·v iving rddo,•, mo21thly .in 8:ii,:\ctl~1' tµv s:::.tw u .y ~r.-t pension rJoncy is paid., i;;ith tne proviso t11 .... t ~1 .i.uo.L:; su~ :01.:s,- os ootain(;d if t.nG coui t fi..nds ntne reces si ty thereforn. A 0 0 I feel. tn&t ever;; coc.l o~~I'E.tor in th(: Southern 1Jyo1:I1il1.s Associ.:.tion r,ou.La. ba utterly oJposed to tne i.;n.yi:H?:nt, 1n ::i luill~::- .SUID.9 or arq or tnis c:\·,arti. for t.a0 purpos&s n 2iu1ec..i. in 3·our l!_1tt c.!' . Lt' · your re ·.,uost in this behcil f should nocowe ~ frre c~<:hm t, the11, of course, evor:y surviving -:;; ic.o-.: roce1 vlnt; aom.I.)0ns,:rticn at, ,;U'ds ~-ould De;;. oo:.rnt . oy twr husband's crectitors to give h e:t· money to p:9,y .nls d.obts, au .... tne~~ crea.1 tors r;ou.1.d c.:_u•e i i ttle i.r tnc: \?idov;s th•3 y u~ti hounded to death snoulci bG:come· nolici tors of l'..ll.1-blic charity, a1tt d0p~nuerit uk-'on our cities one otncr munioipr1l corr,ior•;~tion.s i'or tuoir ct-.:ily oreul . I s:·. oUlti v ery ;'!Juen .Lik s to c1eeomou~te you i:r.1 t.tli $ t:;:.;".:.tor, nut l am positiv0 t.l:l ~t; ti\j" e:rnploye:rs ;;;ill. ex;, i·~ct me ,Go :,;:ro'tGst. the grtm.t1~6 o.t c:i. lump swa .±'or tn~ pm..-pot.1~:~s Dt.b0.:r.l. .fr;. you1· 1 ,3t·t.~1x· o �WA.L,TEh A UOIH Attorn.ey .at Law Mr. T. s~ Teliar0rro, Jr. Attorrwy at Law Hoch: Spril'.!3 s., Uyo..1ill5 J·csop11 .Katich, r'hil o •lwployetl oy t11B ~ Cool Qoillf ,,-:-:.lly at. 1Jl [.i i1•t,0 0. n tl. S a coal. mi:n01', t~'CfJ __,.. i:.e_;.t.Ci:H)C::l' 7tx1 ., J.9aL-, k ill O' t bJ a !'U!lt.:iV:zy Cur, His \'jif'<:,, Kr.. t.rwrine K2ticn, and ti.i~ ct1iL:1ren .:: 0r-0 :J.\'., 1::. '◊Gd co@}; e-x.i.,sa tion 01. 2- ccouu t 01· .tll s cwntn, 2..uei iJ~ s. ltatic11 h ~s b l;en urowing J iG.00 on per r;ontu. Sue ila s a s.Kea m'.2- to ~G.li e i•.r)Pllc~.tion to t1.1e court for·· a lump sum arwr ct to p8. J some of tn.cir .c .1.' ~ :.... ltors. Prior to ·t.uo de~\.th o!' Lir-,. .liatien, the .follOi'.'i.ng a ccount.s 11au ·01.:~n lncur r eJ., viz .~ ·:rne Supsrior LUIDLJGl' t;ollipany, ~tlG. fi ce on a.ccount, '.;)£88. 29; ?l(;lllori stone lirocery .:2nd Ii'illing Station, ) 90.66; O. lionatto, bel 2nce on account, Jl8.l5; . County Treasurer, t~....~i;~, t.;,<15. 09; Tony .i:Jegovich, c&s.i:1 loan for r€J.rlodeling 11onw, ~)250.00. Tuere. is a..Lso a oalence due on ~ccount 01 funcr3.l o.xpcms~s to tno Hoge.in £:lortuory in the sum o.1' ;~·114.00. Tnese clebts rmount to :;.;ao6.l9. I::Jrs. Kati cl.1 r:oul <' like to h ave enough mon0y tmnrd.ed to her to pey these debts. I r;onder i I' yoti i~ill h~.ve any objection to (:;ntr.:;ring into a Sti 1tul c:i tlon Xor th,J ,.}lt Jifili.:mt 01 Go. J,ump sum to lLrs. E.\:it;icll, eo t.tw.t 6.i1t3 nwy liqaic!ate the rore~oing, .1.nciGOi2d.nos.::;? Tnought I S.i:l OULi tt\AC tnis mi:d;t,ar• u .;., \ i tn you Defore 1'iJ.inci no:t' &.l-)£..).l:i.cf-.t1on. �.-, :·,. l .: ' ._ :> Rock Springs - Oct. 2, 1933 (1' /6 / I Nr. T . S . Taliaf2rro, Jr.: ---- I thank you for yours of the 30th ultimo regardin{; the case o:f r.1 r. Levkulich. I think it i s a goo d thing to send these men to outside a.octor s once in a wh il e , it ve,,.y a p parent tha t the local doctors ano t he oocto r at Gr een Ri ver who exam ined this man certainly v; ere wi o e of the mark in their exam in a tions. V �Ro ck Springs - Oct. 2, 1933 Mr . l~ug ene I·:l cAuliffe: You n ill be interested, I am s ure, in the attached letter from l'A r . Ta lia.ferro. this c ase being the one that Mr. Taliaf erro c a lled your- attention to, th&t Dr. dhalen had been aske ci. to Giv e an o p inion on. I presume .Ll. J.. Tc:i liaferro me c;;.ns Dr· . .Nilsson when h1~ refers to the Chief ,, V urg e on. �ITAHOAID FORM 2103 IMt-l0,000 THE UNION PACIFIC COAL COMPANY Rock Sl) ring s, '.'/yor.iin g . IN REPLY PLEASE REFER TO OFFICE OF Se ~t ember 3 0 th, 1 9 3 3 . NO. Attorney .i'il.r . E u g ene :Ii cAul ii'f e 14 16 Lo a~ e S tr e et Omaha, Ne braska Mr· . Ge or b e 3. Pryo e City Gen tlemen: I t h ink it mi k,h t i: > e o f i nter e s t f or you to k no w t l w t t he em11loy ee o f t h e Lion Co a l Com_!Ja n y , ':"as il Levkul i ch , iNh o c l a ims p ermanent oi sability o i' a ra t her ••to tal " na t ur e , a nc... who wa s l:3ent to Loctor Wha le n by t he Count y Attor ney , btnd who L octor \'lhalen r.J.o. Ge the rey ort conce r ni nt, 1Nh i ch vJe ha c.. s ome corre s11onc. ence E._l1 C., a lso convers a tions, wa s s en t by t h i s o f fice to four E~ ecialists of u i d e re puta tion a t De nv e r, thes e spe cia lists bein g :::y eci::::. . lists in f our c.. i ff er ent b r a nch es or feat u r e s o f the ir p rof ess ion. A close examination wa s hel d upon the wo rkma n, c lai minL :h i s ciisabi 1 ity o r i 6 i !18 . te d f ro m an injury in · t h e mi ne, 2n d they aJ,.l a g ree th 8 t hi s alle t, e d c..is &bility h a s no connection wha tsoever with h is injury. To r.iy min <., , this sho ws ho w nece s s a ry it i s tha t once in a wh ile we a c.. oy t thi s cour s e. You \-1ill reme:nb e r in the Koprovrnki case, t wo of the ::::u r 6 eon s in s i s tee. th a t t h e man h '" o a fracture d ou ck, <.. ue to a mine a ccident. I tho ub ht tl1i s w~s not true, out I was f orce d to s enc tl:.e v:ork ma n t o . :. c. l t L i::.11 e, to b e e :xamineo. oy f our c.o c tors the re, anc a lso to t ak e t he o eyosition E of some four o r five cioctors in Denver, who hac examined h i:n, 0x ith the re sult that two aoctors claimed hi s oack was broken from a mine injury, anci seventeen . claimed that there wa s no evi6ence whatsoever that his back was ever broken. Yours truly, T. Chi -=!f s. Tali&ferro, Jr. I think it mie,ht oe auvisable to show tnis l e tter to the Sure,eo n: T.S.T. TST: g a COPY � 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 Workman's Compensation Lion Coal Corporation 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, Lion Coal Corporation, 1933 Description An account of the resource Letters and court transcript's pretraining to the Lion Coal Corporation in 1933. The documents are held together by a brass pin. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, T.S. Taliaferro Jr., I.N. Bayleess Identifier An unambiguous reference to the resource within a given context 1-0230 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.