Goodyear Tire and Rubber Co. v. Greene
Goodyear Tire and Rubber Co. v. Greene
Opinion
This is a workmen's compensation case.
After an ore tenus trial, the circuit court awarded compensation to the employee with a finding that he suffered a seventy-five percent permanent partial disability to the body as a whole. The employer appeals and here contends that there was no evidence to support such finding and judgment of the trial court.
We have reviewed the record on appeal and the appendix furnished to us. A detailed statement of the tendencies of the evidence would not serve any precedential purpose. It suffices to state that the evidence indicates that this fifty-five-year-old employee, who had continuously worked for his employer for almost thirty-six years, injured his back while engaged in his employer's work; that, as a proximate result of which, he underwent surgery to his lower back, but that he still experiences continuous and rather severe pain and some numbness in areas of his hip, side, groin and leg; and that the pain worsens according to his activity, which creates a problem as far as continuing to work.
In workmen's compensation cases our scope of review as to factual matters is strictly limited to an examination of the trial evidence to determine if any legal evidence was supportive of the findings of the trial court. If so, we must affirm the trial court's judgment as to the raised issue of fact, for this court does not consider the weight of the evidence but only its existence. Agan v. Union Foundry Co.,
The foregoing opinion was prepared by retired Circuit Judge EDWARD N. SCRUGGS, serving on active duty status as a judge of this court under the provisions of §
AFFIRMED.
All the Judges concur. *Page 853
Reference
- Full Case Name
- The Goodyear Tire and Rubber Company v. Olen M. Greene, Jr.
- Cited By
- 6 cases
- Status
- Published