Daley v. Public Sav. Life Ins. Co.

• Decision Date: 06 April 1960
• Docket Number: No. 17639,17639
• Parties: George D. DALEY, Respondent, v. PUBLIC SAVINGS LIFE INSURANCE COMPANY and Boston Insurance Company, Appellants.
• Court: South Carolina Supreme Court

Page 758

113 S.E.2d 758

236 S.C. 236

George D. DALEY, Respondent, v. PUBLIC SAVINGS LIFE INSURANCE COMPANY and Boston Insurance

Company, Appellants.

No. 17639.

Supreme Court of South Carolina.

April 6,1960.

J. Preston Warren, Charleston, for appellants.

William McG. Morrison, Jr., Steinberg, Levkoff and Spitz, Charleston, for respondent.

STUKES, Chief Justice.

The respondent claimant was awarded workmen's compensation for forty per cent. loss of use of his right leg, forty per cent. loss of the use of his left leg, and $2,500 for serious bodily disfigurement. Sec. 72-153, Code of 1952. Upon appeal the court affirmed the award of the Industrial Commission and the employer and insurance carrier have appealed to this court.

Respondent, who is about sixty years old and formerly able-bodied and of good health, was employed by Public Savings Life Insurance Company as an agent. He solicited insurance and collected premiums by calling upon the insureds at their homes. On his rounds in October 1956 he suffered a nondisabling injury when a doorstep broke and he hurt his right knee, but he missed no time from work. On June 20, 1957, again while collecting premiums for his employer, he jumped across a mud hole and fell on both knees. He was thereby disabled and entered into an agreement with the employer and carrier for the payment of compensation (for disability from sprain of both knees) whereunder he was paid for temporary total disability from July 2, 1957 until October 6, 1958, at which time the Commission authorized cessation of it upon the ground that maximum improvement had been reached. Hearing was held to determine the extent of disability and disfigurement. Respondent and his daughter testified that he has been unable to do any work since the accident of June 20, 1957. In addition, much medical testimony was taken--from his family physician and from specialists, one of whom examined claimant on two or three occasions on referral by appellants.

The issue upon appeal is within narrow compass. It is said in the brief of appellants, page 3, that their contention is that they should not be held liable for any permanent disability to claimant's right leg, for any disfigurement thereof or for medical expenses insofar as the right leg is concerned. Respondent accurately states the question, as follows 'Was there any competent evidence to support the findings of the Commission that Respondent sustained an injury to his right knee and/or leg, on June 20, 1957, resulting in serious bodily disfigurement and forty (40%) per cent. functional loss of use thereof?'

The diagnosis of the specialists who examined respondent, one of whom treated him extensively, is that he has osteoarthritis in both knees. They concur that this condition probably existed prior to his last fall but that the latter aggravated the formerly dormant disease. Such renders the resulting disability and disfigurement compensable. 19 S.C. Digest, Workmen's Compensation, k552 et seq.

Appellant...