Stapleton v. American Mutual Liability Insurance
Stapleton v. American Mutual Liability Insurance
Dissenting Opinion
dissenting. The single director found “that any injury which claimant sustained May 3, 1944, resulted from a giving away of the right hip; that this weakened condition in his hip existed prior to May 3, 1944, and that the alleged accident of May 3, 1944, in no way or manner aggravated the pre-existing physical condition of claimant;” and found “that the accident was a direct result of a pre-existing physical weakness of claimant’s right hip;” and further found that “the evidence is sufficient to authorize a finding that claimant did not stumble or trip over any obstacle or substance of any kind which caused claimant to be thrown backwards against a pile of iron, as alleged; but, on the contrary, the evidence warrants the finding of fact that the accident resulted from the giving away of claimant’s hip; that this- giving away or weakness of the hip was a pre-existing condition, and that claimant’s employment in no way or manner contributed directly or indirectly to the accident.”
It seems to me that the finding of the director was that there was an accident which was a direct result of a pre-existing physical weakness of the claimant’s right hip. It further seems to me that the director found that the claimant had a pre-existing physical weakness, and that he fell while he was actually engaged in fitting bolts on some hangers in his usual work in his usual way. It should be noted that the director does not find that the fall aggravated-a pre-existing disease, and that the aggravation had ceased, thus breaking the connection between the accident and the disease; but he found that the claimant fell upon some iron on the floor and that there was an accident, but that the disease arthritis was the sole cause of it. Irrespective of whether the injury which the claimant sustained on May 3, 1944, resulted from his tripping over an obstacle on the floor, as contended by the claimant, or resulted from the giving way of his right hip, as was found by the director,
The statute not having established any standard of health for workmen entitling them to compensation, the employer hires the employee in his present state of health—in common parlance, “as is,” strong or weak, sick or well. It seems to me that—even if we concede that the physical structural weakness arose from a preexisting disease, and that the claimant, while he was actually engaged in fitting bolts on some hangers in his usual work in the usual way in the course of his employment, and as a result thereof suffered an unexpected result causing disability from both the physical weakness of his leg and the falling on a pile of iron on the floor—such results constitute a compensatory accident, though the claimant may have suffered at the time from arthritis or other predisposed infirmities. Under such circumstances, if the claimant fell upon the iron on the floor and was disabled temporarily or permanently, it would be immaterial that he had a pre-existing physical weakness in the bone of his leg, or even if he had a pre-existing weakness in one of his legs which happened to be an artificial leg. “To make physical perfection a condition for compensation would be well-nigh destructive of both industry and labor.” Lumbermen’s Mutual Casualty Co. v. Griggs, supra.
There was not sufficient competent evidence to support the finding of the director and the full board, that the arthritis was the
In Bibb Manufacturing Co. v. Alford, 51 Ga. App. 237 (179 S. E. 912), it is stated: That “an injury arising from a physical seizure not induced by or related to the employment is not such an accident as would afford compensation.” This statement is not applicable here, in that here there was a causal relationship between the employment and the injury. This case is also differentiated from Liberty Mutual Ins. Co. v. Blackshear, 197 Ga. 334 (supra), in that the decision in that case was controlled by the Code, § 114-404, relating to hernia, whereas this section has no application in the present case.
Irrespective of certain contradictory statements by the plaintiff in giving to the doctor the history of his health record prior to his injury, and the testimony of other witnesses which was at variance with the claimant’s statements, I think that, when all of the evidence is considered, it appears undisputed that the claimant, when he fell upon the iron on the floor in his employer’s place of business, was working in the course of his employment, and doing his usual work in the usual way, and that his injury was due to an accident arising out of and in the course of his employment.
In my opinion, the judgment should be reversed. I am authorized to state that Parker, J., concurs in this dissent.
Opinion of the Court
(After stating the foregoing facts.) In our opinion, the judge of the superior court did not err in affirming the award of the full board. In Liberty Mutual Ins. Co. v. Blackshear, 197 Ga. 334, 336 (38 S. E. 2d, 860), the court said: “Upon an appeal to the superior court from any final award or other final decision of the Industrial Board, the findings of fact made by the board within its power are, in the absence of fraud, conclusive if they are supported by any competent evidence. Code, § 114-710; Maryland Casualty Co. v. England, 160 Ga. 810, 812 (129 S. E. 75); London Guarantee Co. v. Boynton, 54 Ga. App. 419 (2), 423 (188 S. E. 265); Ga. Power Co. v. Patterson, 46 Ga. App. 7, 8 (166 S. E. 255), and cit.; United States Fidelity &c. Co. v. Price, 38 Ga. App. 346 (144 S. E. 146); United States Fidelity &c. Co. v. Christian, 35 Ga. App. 326 (3) (133 S. E. 639). In such a ease not only may an issue of fact arise from contradictory evidence, .but contrary implications consistent with the testimony may arise from the proved facts; and in still other ways the question of what is the truth may remain an issue of fact despite uncontradicted evidence in regard thereto. Cooper v. Lumbermen’s Mutual Casualty Co., 179 Ga. 256, 261 (175 S. E. 577). In order to render any finding of fact demanded as a matter of law, not only must there be no controversy in the evidence material to the issue involved, but the implications and inferences which logically and properly arise from the evidence must necessarily lead to only the one conclusion.” See, to the same effect, Davis v. American Mutual Liability Ins. Co., 72 Ga. App. 783 (1, 2, 3) (35 S. E. 2d, 203); American Mutual Liability Ins. Co. v. Brackin, 68 Ga. App. 256 (23 S. E. 2d, 505); Bradberry v. Lumbermen’s Mut. Cas. Co., 60 Ga. App. 576 (4 S. E. 2d, 486).
Furthermore, it is well settled law that this court, in reviewing an award by the full board denying compensation, must accept that evidence most favorable to the employer; and if, so viewed, it authorizes an award denying compensation, the award must be affirmed. Glens Falls Indemnity Co. v. Sockwell, 58 Ga. App. 111, 114 (197 S. E. 647); Merry Brothers Co. v. Holmes, 57 Ga. App. 381 (195 S. E. 333). It is also well settled that “in cases of this kind the. burden of proof is on the claimant to’ establish the fact that he has sustained an accidental injury such as is contemplated by the Workmen’s Compensation Act. The Industrial Board found
The cases cited in behalf of the claimant are distinguished by their facts from this ease.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.