American Potash & Chemical Corp. v. Rea

• Court: United States State Supreme Court of Mississippi
• Citation: 228 So.2d 867
• Docket Number: No. 45493,45493
• Parties: AMERICAN POTASH & CHEMICAL CORPORATION and Argonaut Insurance Company v. E. L. REA.
• Decision Date: 17 November 1969

Page 867

228 So.2d 867

AMERICAN POTASH & CHEMICAL CORPORATION and Argonaut

Insurance Company v. E. L. REA.

No. 45493.

Supreme Court of Mississippi.

Nov. 17, 1969.

Rehearing Denied Dec. 15, 1969.

K. Hayes Callicutt, Satterfield, Shell, Williams & Buford, Jackson, for appellant.

Johnny N. Tackett, Aberdeen, for appellee.

INZER, Justice:

This is an appeal by American Potash and Chemical Corporation and its carrier from a judgment of the Circuit Court of Monroe County affirming an order of the Workmen's Compensation Commission which awarded appellee-claimant temporary total disability benefits as a result of an accidental injury. We reverse and remand to the commission for further proceedings in accordance with this opinion.

Claimant E. L. Rea was injured on October 28, 1966, when he came into contact with and inhaled chlorine gas or some other irritating substance. This substance momentarily stopped his breathing and caused him to start coughing and resulted in pain in his chest. After exposure claimant was rendered first aid treatment which consisted of inhaling oxygen for more than an hour. His foreman then sent him to Dr. W. C. Fulton, the company physician.

Dr. Fulton found claimant to be suffering from an allergic reaction to the upper respiratory tract. He saw claimant on October 28, 29, 30 and 31, and it was his opinion that claimant did not suffer any disability and was able to return to work. He said that he advised claimant to return to work. However, claimant continued to have pain in his chest and burning in the nose and coughing. He sought and obtained further medical treatment from Dr. L. R. Murphree who examined claimant on November 3, 1966, and diagnosed that the claimant was suffering from bronchitis which was caused by a chemical irritant. Dr. Murphree continued to treat the claimant and it was his opinion that claimant reached maximum medical recovery on April 11, 1967, after which it was his opinion that claimant had suffered a fifteen percent permanent disability to the body as a whole. It was also his opinion that it was likely and probable that claimant's disability would increase as he grew older.

Claimant testified that he had been exposed to chlorine gas about two months before this occasion while working for appellant and that he was hospitalized for two days as a result of this episode. He testified as a result of his injuries he was real short of breath and often hurt in the chest. He stated that after the last injury he called his employer on the following Tuesday and reported that he was still weak but would like to come back to work. He was advised to come to the office and when he reported to the office he was informed that his employment had been terminated. At the time of the hearing he was working for Monroe Manufacturing Company and was earning $2.19 1/2 per hour. He was not asked when he went to work for Monroe Manufacturing Company but the record shows that it was prior to April 11, 1967. After a hearing the attorney referee made the following findings of fact:

(1) That the claimant, Elmer Lee Rea, did in fact sustain an accidental injury on October 28, 1966, while performing duties growing out of and in the course of his employment with the employer;

(2) That as a result of the aforesaid injury claimant reached maximum medical recovery on April 11, 1967;

(3) That the proof fails to establish that claimant suffered any appreciable or significant loss of wage earning as a result of the aforesaid injury; and

(4) That prior to...