Daniel v. Ford Motor Co.

• Decision Date: 22 April 1953
• Docket Number: No. 34518,No. 1,34518,1
• Citation: Daniel v. Ford Motor Co., 88 Ga.App. 58, 76 S.E.2d 66 (Ga. App. 1953)
• Parties: DANIEL v. FORD MOTOR CO
• Court: Georgia Court of Appeals

Page 66

76 S.E.2d 66

88 Ga.App. 58

DANIEL v. FORD MOTOR CO.

No. 34518.

Court of Appeals of Georgia, Division No. 1.

April 22, 1953.

Syllabus by the Court.

There being evidence authorizing the finding by the Board of Workmen's Compensation that there had been no change in the claimant's physical condition since a previous award of compensation, and there being facts and circumstances which authorized the board to determine that the claimant was justified in refusing to submit himself to another examination by a physician, as requested the second time by the employer, the superior court erred in setting aside the finding and award of the board and in remanding the case to the board with instructions that payments of compensation to the claimant be suspended until the claimant complied with the employer's request to submit to such examination.

Giles D. Daniel sustained an accidental injury to his back, which arose out of and in the course of his employment with Ford Motor Company in April, 1951. On the next day after the injury, he reported the accident to his employer, and his employer's physician, Dr. Charles S. Jones, examined Daniel and prescribed treatment for him, which failed to relieve him, and in a few days he went back to Dr. Jones, who told Daniel that he would have to see his family doctor. After being examined by several doctors and having X-rays made, Daniel was sent to Dr. Robert F. Mabon, who operated on him for a ruptured disk at the fifth lumbar vertebra, on July 3, 1951. Being refused compensation by his employer, Daniel filed a claim therefor with the Workmen's Compensation Board; and, after a hearing at which he and his employer both introduced medical and other testimony, an award in favor of the claimant was granted on October 11, 1951, which, on appeal by the employer, was affirmed by the full board on November 16, 1951. The employer then commenced paying Daniel compensation under the terms of the award.

On February 21, 1952, the claimant filed a motion for a rating of his disability on the ground of a change in his condition, and the hearing was set for April 8, 1952. The employer then requested that the claimant submit to a physical examination by Dr. Charles S. Jones, the employer's doctor, and the claimant complied with this request and was examined by Dr. Jones. On March 26, 1952, the employer filed a motion with the State Board of Workmen's Compensation, asking for an order requiring the claimant to submit to a physical examination by Dr. Robert F. Mabon, and that the compensation being paid to the claimant be suspended. A hearing was had on April 8, 1952, on the claimant's motion with respect to a change in his condition and also on the employer's motion to have the claimant's compensation suspended. At this hearing it appeared that, after the claimant on February 21, 1952, had asked for a rating of his disability on account of a change in his condition, counsel for the employer in March of 1952 had requested that the claimant go to Dr. Charles S. Jones, the employer's doctor, for a physical examination. This request was complied with, and the claimant was examined by Dr. Jones. The employer's motion to postpone the hearing until the claimant submitted to an examination by Dr. Mabon was overruled.

The claimant testified on the hearing that he was still suffering with his back from the injury he sustained while working for Ford Motor Company in April, 1951, and that he was not able to work. Dr. R. H. McClung testified that he first examined the claimant on August 3, 1951, and then examined him on February 12, 1952, and on April 5, 1952, and that his physical findings were practically the same on the last examination as they were on the other two, and that, in his opinion, the claimant was not able to work and for all practical purposes his disability was 100%.

The hearing was continued until May 16, 1952, at which time Dr. Charles S. Jones testified in behalf of the employer to the effect that he had examined the claimant some eight weeks before (which would have been in March, 1952), and that Daniel was complaining of considerable pain in his back and in other parts of his body from the injury which he claimed he had received to his back in April, 1951; that the witness thought Daniel was malingering and was not more than 20% disabled; that the witness thought Daniel was able to go back to work and to do light work, but the witness did not recommend this to the board; that he asked the claimant why he did not go back to Dr. Robert Mabon, who had operated on his back, as he felt that he would be the best man to evaluate the claimant's present condition; that, if Daniel can do what he said he could do, he could do light work, and should try, anyway; that the examination he made of the claimant was ordered by Ford Motor Company; that it was his understanding that the claimant would not go back to his doctor; and that the company asked Daniel to go to his (Dr. Jones') office for an examination and paid his bill for the professional services rendered to the claimant.

Dr. John O. Ellis testified in behalf of the claimant to the effect that he specialized in the practice of teleology, and that the claimant was sent to him by Dr. McClung for X-ray; that he made 3 X-rays of Daniel's spine which show a condition that usually indicates that there has been some irritation as where there is an injury or arthritis or some back injury that caused the bone to build up and to react as a fence against disease or injury; that he found a narrowness in the space from rupture of the disk; and that he felt that anyone who had that condition would probably have some pain in the back.

The deputy director found that the record showed that before the...