American Mut. Liability Ins. Co. v. Harden

• Court: Georgia Court of Appeals
• Citation: American Mut. Liability Ins. Co. v. Harden, 64 Ga.App. 593, 13 S.E.2d 685 (Ga. App. 1941)
• Decision Date: 07 February 1941
• Docket Number: 28747.
• Parties: AMERICAN MUT. LIABILITY INS. CO. et al. v. HARDEN.

13 S.E.2d 685

64 Ga.App. 593

AMERICAN MUT. LIABILITY INS. CO. et al. v. HARDEN.

No. 28747.

Court of Appeals of Georgia, Division No. 2.

February 7, 1941

Rehearing Denied March 26, 1941.

Syllabus by the Court.

Mrs Willie E. Harden filed her claim with the Industrial Board for an alleged accidental injury which she claimed was sustained by her in the course of and within the scope of her employment. The claimant testified substantially that she had been working for about two years for her present employer though for over a year he was with another concern; that she became ill on February 10, 1939, between 11:30 and 12 o'clock; that at the time she was operating a machine making a bed spread; that while she was sewing a pain struck her in the shoulder; that she tried to work on but the pain was so severe she could not use her hand, and since it was so near noon she desisted and sewed only about fifteen more minutes before stopping for lunch; that her arm continued to hurt and she was unable to eat much; that she went to get her time card and was checking it, and during this time she felt dizzy; that she called to the woman sitting next to her to get her card off the table, that she could not reach it, and that this woman looked at her and told her that she was sick; that aid was called and ammonia administered to her; that the doctor was called and that she was then taken home; that when she got home she remained in bed for a month that she told a fellow employee when the pain struck her that she would stay at the mill until after lunch to see if she felt better; that she is unable to use her arm and her leg is stiff; that two or three days before this happened she would go home tired and at times had to be carried home; that on the morning of the attack her husband advised her not to go to work, but she went because she was afraid she would lose her job if she did not; that some of the spreads she had to make were more difficult than others, and were quite difficult; that while she was employed the wage and hour law went into effect, and the employees had to work harder in order to make the quota set for them, and as a result of this she was constantly worried about losing her job. On cross-examination the claimant testified that she checked out of the plant at 12 o'clock, had her lunch, and that she was having her lunch when the attack took place, and it took place between 12:30 and 1 o'clock; that during her employment she made overtime whenever the opportunity was given her; that several days before the attack her arms and shoulders were so tired she could hardly use her arm; that she attributed this feeling to her hard work.

Dr J. H. Steed testified that he examined the claimant on the day of the attack and found that she had had a stroke of paralysis; that the patient had high blood pressure; that worry over losing her job and hard work could very easily have aggravated the condition of the claimant, and that the...