Dever v. Brown Shoe Co.

• Decision Date: 02 May 1932
• Citation: 49 S.W.2d 638,226 Mo.App. 1179
• Parties: NOEL DEVER, RESPONDENT, v. BROWN SHOE COMPANY AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLANTS
• Court: Kansas Court of Appeals

49 S.W.2d 638

226 Mo.App. 1179

NOEL DEVER, RESPONDENT, v. BROWN SHOE COMPANY AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLANTS

Court of Appeals of Missouri, Kansas City

May 2, 1932

Appeal from Circuit Court of Randolph County.--Hon. A. W. Walker Judge.

REVERSED AND REMANDED.

Lon R Owen for respondent.

Hunter & Chamier for appellant.

CAMPBELL C. Boyer, C., concurs.

OPINION

CAMPBELL, C.

This is a proceeding based upon the Workmen's Compensation Act.

On June 17, 1929, plaintiff, an employee of the defendant Brown Shoe Company, was injured as the result of accidentally sticking a tack in his right knee. The employee continued to work for said defendant until about September 1, 1929, at which time infection developed in his right knee and he was taken to a hospital for treatment. Prior to the accident he was in good health and had not had "any trouble with his knee."

The defendants' evidence is that the infection in plaintiff's knee was caused by diseased tonsils. There was also evidence in defendants' behalf that the infection in plaintiff's knee could have resulted from the injury of June 17, 1929, or from infection in his throat.

The claim was heard before a referee who, on June 6, 1930, made an award in favor of plaintiff. Subsequently, to-wit, on June 25, 1930, the award of the referee was reviewed by the commission, set aside, and plaintiff denied compensation.

The award of the commission is as follows:

"The above parties having submitted their disagreement or claim for compensation for the above accident to the undersigned members of the Missouri Workmen's Compensation Commission, and after hearing the parties at issue their representatives, witnesses and evidence, the undersigned hereby find in favor of the above named employer and insurer and against the above employee and award no compensation for the above accident.

"On review award dated June 6, 1930, is hereby reversed and set aside with the finding that the condition complained of by the employee is neither directly or indirectly a result of the accident of June 17, 1929, and compensation must be denied."

The plaintiff appealed from the award to the circuit court, where the cause was heard, resulting in the award of the commission being set aside and the cause remanded to the commission for further consideration. The defendants have appealed.

It is manifest there was evidence from which the commission would have been warranted in finding that the infection in plaintiff's knee was the result of the injury sustained by him on June 17, 1929, and there was substantial evidence warranting the commission in finding that the infection in the knee did not result directly or indirectly from said accident.

Under such circumstances the findings of fact made by the commission are conclusive on appeal....