Cofer v. Garan, Inc., 45792
| Decision Date | 04 May 1970 |
| Docket Number | No. 45792,45792 |
| Citation | 235 So.2d 251 |
| Parties | Thressia Kathleen COFER v. GARAN, INC. and Insurance Company of North America. |
| Court | Mississippi Supreme Court |
D. Briggs Smith, J., Charles C. Finch, M. Collins Bailey, Batesville, for appellant.
Watkins & Eager, Elizabeth Hulen, Jackson, for appellees.
This is an appeal by Mrs. Thressia Kathleen Cofer from a judgment of the Circuit Court of Quitman County affirming an order of the Workmen's Compensation Commission denying her claim for compensation benefits. We affirm.
Appellant testified that while working for appellee, Garan, Inc., at about 1:30 p. m. on September 8, 1967, she sustained a back injury. She said that when reaching for a bundle of material it fell, striking her and causing her to slip and fall. She stated that at that time she said a 'dirty word' and that her supervisor Wayne Beaver heard her and immediately came over to where she was sitting. She then told him what happened. She also testified that three fellow employees working nearby came in immediately after the accident and knew something was wrong. Wayne Beaver and the three fellow employees denied such occurrence. They all testified that she had told them prior to the date of the claimed injury that she had fallen at her trailer and hurt her back.
The record reflects that appellant worked a full day on the day she claims she was injured, which was Friday. She did not work the following Monday and went to see Dr. Moore, her family physician. She complained to Dr. Moore of her back hurting but did not tell him at that time that she had hurt her back on the job. It was not until sometime later that she gave him a history of having hurt her back while working. The next day she worked all day. The following day, however, she went back to see Dr. Moore and he placed her in the hospital. She then filed a claim for hospitalization insurance benefits under a group policy while did not cover industrial accidents. This insurance company later learned that she was claiming she was hurt on the job and it denied liability. She then filed a claim for workmen's compensation. The only evidence offered by appellant which would, in any way, tend to corroborate her claim that she was injured while working was self-serving declarations made to relatives and friends sometime after the accident is alleged to have happened.
There is no doubt that appellant sustained a back injury at some time and place, but the primary question is...
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Penrod Drilling Co. v. Etheridge
...at work complain or advise them on April 5, 1968, of any injury he had sustained. [emphasis added] Id. at 444. See also Cofer v. Garan, Inc., 235 So.2d 251 (Miss.1970). Etheridge's testimony concerning the cause of his back injury is contradicted by the employees on the rig and the "hurt sh......