Ray Motels, Inc. v. Griffin
Ray Motels, Inc. v. Griffin
Opinion
This is a workmen's compensation case. Employer, Rodeway Inn, appeals from a judgment in favor of claimant, John O. Griffin. Employer's issue on appeal is whether the trial court's determination that the claimant suffered a job-related accident and injury is supported by the facts. More specifically, employer asserts claimant failed to causally connect his injury with an on-the-job accident.
Claimant testified that he slipped while performing his janitorial functions and fell on a metal pan. His right hip was injured; his pants were torn. There was a cut on his right hip which bled. There was blood on the pan. He experienced increasing difficulty in walking and went to a hospital emergency room a week after the fall. He was told there was a severe bruise. An *Page 108 X-ray was taken. His hip and leg swelled and were extremely painful. There was elevated temperature. He went to an orthopedist, was hospitalized. Examination of original and subsequent X-rays showed a piece of metal in the hip with extensive damage to the joint and cartilage. There was extensive staphylococcus infection. During a two-month stay in the hospital, surgery was performed and a small piece of metal was removed from the hip. There was testimony that the metal appeared to be from the tip of a knife or scissors. The metal was an exhibit before the court. Claimant stated he assumed the metal came from the pan upon which he had fallen or that it was upon the floor where he fell.
Employer presented evidence tending to show that the pan could not have been the source of the metal. Employer sought to infer that claimant had been stabbed with a knife and the fall was not the source of the injury. However, there was no evidence of any injury or happening to claimant other than the fall while on his job. The physician stated the date of the fall was consistent with the condition of the hip as it appeared when he examined and treated claimant.
The physician concluded that as of the hearing, employee had a twenty-five percent disability of his lower extremity and expected it to get worse to such an extent that he would have a permanent-partial disability of seventy percent of the lower extremity or twenty-eight percent of his body as a whole.
The burden is upon the claimant to establish a causal connection between the work and the injury in workmen's compensation cases. Slimfold Manufacturing Co. v. Martin,
We find there to be evidence via claimant's testimony upon which the trial court could reasonably conclude claimant's injury arose as a direct result of the on-the-job accident. Neither the credibility of the witness nor the weight given the evidence by the trial judge is a matter for our consideration.Tidwell Industries Inc., supra.
However, we must reverse the judgment in part for another reason than presented. Under §
AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS.
BRADLEY and HOLMES, JJ., concur. *Page 109
Reference
- Full Case Name
- Ray Motels, Inc., D/B/A Rodeway Inn, a Corporation v. John O. Griffin.
- Cited By
- 9 cases
- Status
- Published