TAYLOR
Justice.
The
respondent, G. E. Green, contends that he received an injury
which arose out of and in the course of his employment with
the Grinnell Company, Inc., at their place of
business in Charleston, South Carolina, on or about February
26, 1947. Said company was operating under the provisions of
the Workmen's Compensation Act, Code 1942, § 7035-1 et
seq., with Employers Liability Assurance Corporation, Ltd.
as its insurance carrier. After appellication was made for
disability benefits under the Workmen's Compensation Act
the single Commissioner made an award in favor of claimant,
which was sustained by the majority of the Commission. From
such findings, the defendants appealed to the Court of Common
Pleas for Richland County, which affirmed the award in its
order dated November 24, 1947. It is from this order the
defendants now appeal to this Court upon exceptions which
pose the question of whether there is any evidence to sustain
the findings of the Industrial Commission to the effect that
plaintiff sustained an injury by accident arising out of and
in the course of his employment, within the meaning of the
Workmen's Compensation Act.
On or
about February 26, 1947, claimant, along with two other
employees of the defendant company, were loading three--or
four-inch pipe onto a truck. After loading one of the pieces
of pipe, claimant noticed a pain in the right leg, which
caused him to shortly thereafter begin limping, so much so
that it was noticed by the other two men. Claimant, thinking
he had only sprained a muscle, waited approximately one week
before going to Dr. Rhame, who gave him some sort of medicine
for external application and told him to return if the
trouble was not eliminated. Claimant, feeling better for a
time, did not return immediately for treatment. By April 11,
1947, claimant testified that he realized his injury was
something serious and would require further treatment. He
therefore returned to his home in Columbia, South Carolina,
where he consulted Dr. James T. Green, whose testimony in
part appears as follows:
'Q. Just tell us, Doctor, what the history was that he
gave you? A. On April 11th the came to see me and told me that about six weeks prior to that time, while
he was employed by the Grinnell Company and working in
Charleston, South Carolina, he sustained an injury to the
right leg. He was hauling four-inch pipe from the Charleston
Linen Supply Company to the Stark General Hospital and
transforming this pipe from the ground to the truck when he
had this rather sudden pain in the when he had this rather
sudden pain in the right hip and buttocks. Then he told me
the time he lost a half a day from work, but continued to
work until just prior to the time he consulted me. The pain
in the buttocks and the leg had continued and was increased
by exercise, long walking, standing. Sleep had not been
disturbed, although when he arose in the morning his leg was
stiff and he had difficulty in walking on the right leg for
the first few minutes. He had very little discomfort in the
low part of the back and had no peculiar sensations in the
right leg other than the pain.
'On
examination, I found that the contour of the back was
essentially normal; forward bending was limited to about
sixty percent of normal; hyperextension and lateral bending
essentially normal. Straight-leg raising on the right side
was positive and about forty-five degrees; a straight-leg
raising on the left side caused pain to be referred down the
right leg. The rest of the examination was essentially
negative. There was no great discomfort in the low part of
his back on any maneuver or any application of pressure.
X-rays were the most important and the most significant in
the examination, at which time it was revealed that he had a
congenital or developmental defect in the spine with some
anterior slipping of the fourth lumbar vertebra on the
sacrum. It was felt at that time that the thing had been of
long standing and probably the exertion of lifting the heavy
pipe from one place to another caused some additional
slipping in the spine and some nerve root compression with
resultant pain in the leg. I thought very likely the thing
could be carried through on a conservative basis. It seemed
to be relatively mild. So I had him remain in
bed at home for a period of three weeks, but there was no
improvement in the situation. I notified to them that I might
put him in suggested to them that I might put him in the
hospital if they had no objections. I heard no objections
from them, and had him hospitalized at the Columbia Hospital,
where traction was applied, with fairly prompt relief in
pain.
'A
few days after the relief in pain I allowed him up and
allowed him to return to his home, and, just on normal
activity, he had recurrence of pain. The pain apparently had
become more acute during the past few weeks. I rehospitalized
him and re-applied traction to his leg, but still he
continued to have pain, and this time it was severe enough to
require an opiate for the relief.
'I
have taken additional X-rays in the standing position and in
the lying position and find no change in the position of the
two vertebrae. The X-rays can be super-imposed without any
additional forward slipping.
'I
believe that this man has a severe enough defect to require
an operation to fuse that part of his spine. He has got a
very definitely unstable spine, and I believe that before he
gets complete relief he is going to have to have that portion
of his spine fused.
'I
have an X-ray if the Commissioner would like to see it. I
will demonstrate if it you would like for me to do it.
'There
is the defect across there (indicating on X-ray film), and
the idea would be to go in with a bone graft. I think
he's got nerve root compression right at this point where
the nerve root comes out.
'Q.
There is no other treatment now that you fell will give him
any permanent relief except this operation? A. I am afraid
that is the only thing that will give him relief. At times
these things in young people will respond to conservative
thereapy, such as bed rest, to overcome the acute phase. The
acute phase is usually accompanied by muscle
spasm that holds the thing rather rigid. With bed rest and
traction the thing is frequently overcome
and they go along in a reasonably normal manner for a long
period of time before they have any further recurrence.
'Q.
He has testified that he did get relief from the
hospitalization and rest in bed, but that a little while
after he got up and started his normal movements he suffered
even greater pain. A. Yes, sir.
'Q.
You have testified that this was a congential condition; that
he went along all right apparently, inasmuch as there is no
record he had had any trouble prior to this time in February
when he was lifting this pipe, but that lifting that pipe and
having that strain what we call aggravated or caused that
pre-existing condition to flare up to where it had become
activated? A. That's correct. He gave a history that he
had had no previous symptoms and thought he was perfectly
normal in every way and was as strong as the average
individual.'
'Cross
Examination
'Q.
Doctor, are you related to the claimant? A. No, sir. I had
never seen the claimant prior to the time he came to see me.
'Q.
Dr. Green, with this congenital condition--A. (Interposing)
You may call it congenital or developmental. We don't
know exactly what it is, whether congential or developmental.
'Commissioner
Johnson: He was either born with it or it gradually developed
during a period of time?
'The
Witness: That's right.
'Q.
With your description of it, that condition which he had
could have been aggravated, as you just said, by any lifeing?
A. By any severe force, yes, violent force, I would say.
'Q.
And it just happened to occur wheh he was lifting this
particular piece of pipe? A. That's correct.
'Q. He could have been at home moving a bed or
pushing an automobile or any other relatively similar work?
A. I think that's correct.
'Q.
Is he disabled at the present time? A. I would say he is
totally disabled at the present time, yes, sir.
'Q.
Do you or do you not think that condition of disability will
continue until this fusion? A. I am inclined to believe that
it will continue until he has something definite done for it
so as to stabilize that unstable portion of his spine.
'Q.
Should...
