Grumm v. NEPTUNE METER CO., INC.
Grumm v. NEPTUNE METER CO., INC.
Opinion
This is a workmen's compensation case.
Mrs. Grumm suffered an injury to her back while employed at Neptune's plant in Elmore County. After approximately nine months of treatment, she continued to have problems, primarily with numbness in her legs, which she claimed prevented her from being able to return to work. She then filed a workmen's compensation action against Neptune, seeking an award of permanent total disability benefits.
After a trial on the merits, the Elmore County Circuit Court found that Mrs. Grumm had sustained a permanent partial disability and had suffered a permanent loss of fifteen percent of her ability to earn. Mrs. Grumm then made motions for an alteration of the judgment or for a new trial, which were denied. She then perfected this appeal.
Two issues are presented by Mrs. Grumm on appeal. The first is whether the legal evidence established that Mrs. Grumm suffered a loss of more than fifteen percent of her ability to earn. The second is whether the trial court erred by considering Mrs. Grumm's pre-existing conditions in reducing the compensation award.
A workmen's compensation case is reviewable by writ of certiorari. Suit v. Hudson Metals, Inc.,
In arriving at its judgment, the trial court may consider all the evidence, including its own observations, and interpret it according to its own best judgment. Allen v. DiversifiedProducts, supra. The trial court is not bound by the opinion of expert witnesses, even if their testimony is uncontroverted.Clark Lumber Co. v. Thornton,
After a review of the record, we find that there is testimony to support the trial court's conclusion that Mrs. Grumm has suffered a permanent partial disability which has resulted in a fifteen percent permanent loss of ability to earn. A neurologist who testified at trial stated that he did a complete neurological exam on Mrs. Grumm, and that he diagnosed her as having a mild peripheral neuropathy caused by a situation unrelated to her back injury. The doctor stated that her back injury was probably a strain which should have healed by now, and that people can work normally with much more severe neuropathies than Mrs. Grumm's. He testified that he thinks that she is well enough to go back to work. The doctor testified that a neuropathy can be severe enough to cripple, but it doesn't happen at once, and the type peripheral neuropathy which Mrs. Grumm has does not develop from doing manual labor, nor was it aggravated, in his opinion, by her back injury. We find evidence to support the trial court's conclusion that the injury to Mrs. Grumm's back only caused her only a fifteen percent permanent loss of ability to earn; we must affirm.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Ruth G. Grumm v. Neptune Meter Company, Inc., a Corporation.
- Cited By
- 9 cases
- Status
- Published