General Shale Products Corp. v. Casey
Decision Date | 07 June 1957 |
Citation | 6 McCanless 219,202 Tenn. 219,303 S.W.2d 736 |
Parties | GENERAL SHALE PRODUCTS CORPORATION v. Will CASEY. 6 McCanless 219, 202 Tenn. 219, 303 S.W.2d 736 |
Court | Tennessee Supreme Court |
Minter, McLellan & Tipton, Penn, Hunter, Smith & Davis, Kingsport, for appellant.
Harry L. Garrett, Kingsport, for appellee.
This is a Workmen's Compensation case brought under the Statute, T.C.A. Sec. 50-901 et seq. The Chancellor found that the employee suffered total and permanent disability by reason of his permanent disablement from silicosis upon which was imposed tuberculosis. In addition to recovery for total and permanent disability he was allowed to recover hospital expenses not to exceed the sum of $1,500. The employer has seasonably perfected his appeal. The matter has been ably argued by two very able lawyers on behalf of the employer and by one representing the employee. Briefs have been filed, we have read the record, the authorities cited in the briefs and others, and now have the matter for disposition.
There are a number of errors assigned which will not be taken up seriatim and copied in this opinion because of the space they would consume. We will answer each of these assignments in general. The main question can be gathered from the brief which is in these words:
'The foregoing factual situation requires an application by this Court of the firmly established legal principle that in deciding a complex medical question the evidence of the experts in that particular field are conclusive in the absence of substantial evidence to the contrary.'
And:
'that the Court must look to, and look to alone, the evidence of qualified medical experts.'
This question was argued at length at the Bar and is again here very forcefully argued in the brief. Our answer to this question is hereinafter set out. All other questions and a complete statement of the facts have been set forth in a separate opinion which is filed with the record and has been furnished to counsel and the trial court.
The first four assignments of error are an argument that there is no material evidence to sustain the finding of the trial court. We have very carefully read this record and think that there is ample material evidence to sustain this finding. The Legislature in enacting the compensation act expressly entrusted the trial court with the power to find the facts and when such facts are supported by any material evidence, even if this Court thinks the evidence points otherwise, the trial court must be affirmed. This question is covered by Section 50-1018, T.C.A., and by examination of the various notes to the Code thereunder and particularly Note 39, will be found dozens of cases that have been decided by the Court since the inception of the Workmen's Compensation Act down to date which support this statement.
This appeal, aside from what is just said about these other assignments of error, is based and predicated on the fact that the trial court erred in accrediting a general practitioner, Dr. Steadman, whom we have quoted above, that the employee had silicosis and did not accept the testimony of numerous other doctors who were called experts that he did not have silicosis. The brief of the appellants is one hundred pages long. Eighty pages of this one hundred though are taken up by a quotation of the doctor's testimony, who was offered on behalf of the employer, that the man did not have silicosis. Obviously this is nothing in the world but another way of arguing that the weight of the proof was against the finding of the trial court. We are not concerned with the weight of the proof because that is a matter for the trial judge. The trial judge determines the credibility of the witnesses and the weight to be given the respective witnesses' testimony.
The question here so ably argued and presented and the authorities cited therefor are authorities generally applicable to common law actions, and where there is no statute as our Workmen's Compensation Statute which governs the weight the appellate court shall give the finding of the trial court where there is any material evidence to support that court's finding. Sec. 50-1018, T.C.A. and authorities thereunder cited.
We have such common law actions as American Nat. Ins. Co. v. Smith, 18 Tenn.App. 222, 74 S.W.2d 1078, which hold, in general, that the value of an expert's opinion is for the jury to decide except where highly specialized branch of medical science is involved. This rule though is not applicable and does not apply to this Court in view of the legislation making the finding of the trial court, where there is material evidence, binding on us. Where we have one doctor who testifies to an absolute fact that so and so did cause certain things, and many other doctors...
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