Morris v. American MacHinery Corporation
Morris v. American MacHinery Corporation
Opinion of the Court
Proceeding under Workmen's Compensation Act by James Morris, employee, opposed by American Machinery Corporation, employer, and Central Surety Insurance Corporation. From a judgment affirming a disallowance of an award of compensation by the Florida Industrial Commission, employee appeals.
Affirmed. This is a workmen's compensation case. The claimant, James Morris, a colored man, appellant, on June 11, 1945, was injured while helping to lift a heavy piece of machinery. The machinery fell upon him and fractured the tibia and fibula of his left leg. When injured he was 48 years of age, enjoyed good health and had worked continuously for some seven years prior thereto and weighed some 206 pounds, and was an employee of the American Machinery Corporation of Orlando. The claimant was taken to a hospital in Orlando for treatment of his injuries and while there a urinalysis was made by the hospital, which disclosed sugar in his urine. It appears from the record that the fractured bones united and on July 8, 1945, he was discharged. An allowance of compensation was made for the time lost from the fractured bones of the leg, but the amount thereof is not an issue on this appeal.
The claimant James Morris, on January 14, 1946, was readmitted to the hospital for treatment of an injury to the left leg as he had twisted the same. The hospital, on two occasions thereafter, examined his urine and the same disclosed sugar but he was released from the hospital and by the attending physician pronounced able to work during the month of June, 1946. The claimant obtained work after his discharge from the hospital, but found that he was not physically able to work for a very long period of time. He could work for a few hours but not like he could prior to his injury in June, 1945.
In October, 1946, some fifteen months after the time of his injury, his weight had dropped from 205 to 135 pounds and he was in bad physical condition. The appellant filed another claim with the Florida Industrial Commission and contended that he was entitled to additional compensation because the injury he sustained on June 11, 1945, accelerated or aggravated his pre-existing diabetes disease, and under Section
Counsel for appellant contends that the case at bar should be ruled by our holding in Davis v. Artley Construction Co.,
Affirmed.
TERRELL, Acting Chief Justice, HOBSON, J., and BROWN, Associate Justice, concur.
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