Contract Trucking Co. v. May
| Decision Date | 28 February 1966 |
| Docket Number | No. 43816,43816 |
| Citation | 183 So.2d 488,254 Miss. 925 |
| Parties | CONTRACT TRUCKING COMPANY and Michigan Mutual Liability Insurance Company v. Hulon MAY. |
| Court | Mississippi Supreme Court |
Kenneth G. Perry, Satterfield, Shell Williams & Buford, Jackson, for appellant.
Walker & Sullivan, Harris Sullivan, Jr., Mendenhall, for appellees.
On April 22, 1963, Hulon May, age 38, was injured when he fell from a ladder while unloading chicken feed into a purchaser's bin in Simpson County, Mississippi. He sought medical aid for the first time on May 10, 1963, eighteen days after his fall, when he consulted Dr. J. O. Stephens of Magee, Mississippi, his family physician.
He was hospitalized from May 10, 1963, to May 13, 1963, and treated for a low back sprain. He was referred by Dr. Stephens, a general practitioner, to Dr. T. S. Eddleman, an orthopaedic surgeon, of Jackson, Mississippi, but Dr. Stephens continued to follow up generally on his course of treatment and talked from time to time with Dr. Eddleman about May's condition.
Dr. Stephens discharged him for work on November 5, 1963, and Dr. Eddleman released him for full employment on December 2, 1963. May did not return to his regular employment because he developed a condition in his colon known as ulcerative colitis. He was referred by Dr. Stephens to Dr. Jack King and Dr. J. Manning Hudson of Jackson, Mississippi, and was treated for this condition at the Mississippi Baptist Hospital for eleven days beginning January 13, 1964.
The first and only hearing was conducted on August 17, 1964, before the Attorney-Referee for the Workmen's Compensation Commission. Hulon May, his wife, and Dr. J. O. Stephens were the only witnesses offered by the claimant.
The Attorney-Referee found that Hulon May had sustained a low back injury, that he reached maximum recovery on December 2, 1963, and ordered compensation to be paid accordingly.
The Attorney-Referee further found that the proof was insufficient to show any causal connection between the injury sustained on April 22, 1963, and the ulcerative colitis condition from which Hulon May now suffers.
The claimant appealed to the full Commission, and after hearing oral argument for both the claimant and defendants, and after carefully examining the record in this cause, the Commission unanimously affirmed the order of the Attorney-Referee.
The claimant then appealed to the Circuit Court of Simpson County, where the court, on May 14, 1965, without making any findings of fact or giving any reason therefor, reversed the order of the Commission and awarded permanent total disability benefits to May. The employer and carrier have appealed to this Court.
Hulon May testified that he fell about seven feet to the ground when the ladder on which he was standing broke. He landed on his feet and knees, and one part of the ladder hit him in the lower back and the other part in the upper back. After recovering from a resultant weak and dizzy...
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Walters Bros. Builders v. Loomis, 44044
... ... at 15, 153 So.2d at 283.) ... The following has recently been held by this Court in the case of Contract Trucking Co. v. May, 183 So.2d 488 (Miss. 1966): ... 'This Court has held many times that the Commission is the trier of fact and where there is ... ...