Holliday v. Walls
| Decision Date | 06 November 1933 |
| Docket Number | No. 17843.,17843. |
| Citation | 64 S.W.2d 318 |
| Parties | HOLLIDAY v. WALLS et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Cole County; Nike G. Sevier, Judge.
"Not to be published in State Reports."
Proceeding under the Workmen's Compensation Act by Milford Holliday, claimant, opposed by W. L. Walls, employer, and the United States Fidelity & Guaranty Company, insurer. From a judgment reversing the award and remanding the cause to the Workmen's Compensation Commission, the insurer and the employer appeal.
Affirmed.
Ragland, Otto & Potter and James A. Potter, all of Jefferson City, for appellants.
A. R. Troxell, of Columbia, for respondent.
CAMPBELL, Commissioner.
Plaintiff, an employee of the defendant Walls, on October 26, 1931, suffered injury caused by a rock striking his left eye. He duly filed claim seeking an award of compensation on account of the injury. The referee, before whom the claim was heard, awarded compensation to plaintiff, based upon the finding that the latter did not suffer disability on account of the accident after November 3, 1931. The finding of the referee was reviewed and affirmed by the Workmen's Compensation Commission. From the award of the commission, the plaintiff appealed to the circuit court of Cole county. Upon hearing the appeal, the circuit court entered a judgment reversing and remanding the cause to the Workmen's Compensation Commission. The defendants have appealed from said judgment.
Plaintiff's right to an award is not controverted. The sole question for determination by the commission was the extent of injury to plaintiff's eye; plaintiff contending that the injury was permanent and the defendants contending that plaintiff did not suffer disability after November 3, 1931.
Plaintiff testified that on October 26, 1931, while working for the defendant Walls, a piece of rock struck his left eye; that on the following day Dr. Summers treated the injury; that on October 28, at the instance of his employer, he went to Dr. Howard for treatment, and that Dr. Howard thereafter treated him frequently during the succeeding three months; that on November 3 the doctor "released" him to go "back to work"; that on November 4, though his eye pained him, he worked four hours; that continuously, from the time of injury to the time of hearing, he suffered pain in his eye; and that he could not work "out in the wind because it (eye) just kept constantly paining."
Dr. Howard further testified that he examined plaintiff in January, 1932, and that he did not find "anything wrong" with plaintiff's left eye.
The foregoing is all of the competent evidence in the record.
If plaintiff's evidence was true, he was disabled for many weeks after ...
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