John Hancock Mut. Life Ins. Co. v. Beaty

• Decision Date: 21 March 1935
• Docket Number: 7 Div. 293
• Citation: 230 Ala. 638,162 So. 281
• Parties: JOHN HANCOCK MUT. LIFE INS. CO. v. BEATY.
• Court: Alabama Supreme Court

162 So. 281

230 Ala. 638

JOHN HANCOCK MUT. LIFE INS. CO. v. BEATY.

7 Div. 293

Supreme Court of Alabama

March 21, 1935

Rehearing Denied June 4, 1935

Further Rehearing Denied June 27, 1935

Appeal from Circuit Court, De Kalb County; A.E. Hawkins, Judge.

Bill in equity by the John Hancock Mutual Life Insurance Company against Rannie Beaty, and cross-bill by respondent. From a decree granting relief under the cross-bill, complainant appeals.

Modified and affirmed.

C.A Wolfes, of Fort Payne, and Cabaniss & Johnston, and L.D Gardner, Jr., all of Birmingham, for appellant.

Scott &amp Dawson, of Fort Payne, for appellee.

BOULDIN Justice.

This suit was to recover the permanent total disability benefit stipulated in a policy of group life insurance.

The contract, procedure, issues of fact, and decree were in all material respects similar to those presented in the companion case of John Hancock Mutual Life Insurance Co. v. Lena Large, 162 So. 277, this day decided.

We adopt that decision in all respects, save as to one issue of fact, namely, that of permanent total disability vel non.

The evidence on this issue presents an interesting case. The insured, at the time the policy was issued, was hosiery mill employee, an operator of hosiery knitting machines. She is 39 years of age; has been in this employment some twenty-two years, save when prevented by inability. She has been married some twenty years, and is the mother of four children.

The employment required her to be on her feet for many hours each day. In course of time varicose veins developed in the leg, swelling of the ankles followed, and about 1931 there developed a chronic ulcer on the lower left leg.

The physician, describing the pathological conditions of the case, said: "Those chronic ulcers are due to poor circulation and an infection. You get an infection on the limb, then the circulation isn't active enough to take it up and care for it. The circulation is retarded in her case by her physical make-up. She's about six and a half feet tall, I believe, and the heart power isn't sufficient to carry that blood around."

The active ulcer has varied from the size of a dime to that of a silver dollar, the surrounding tissues being swollen and discolored in varying degrees. There seems to be no question that by the fall of 1931, by reason of the pain and debility, she became totally disabled to continue her employment. It appears she quit for something like a year, during which time, by treatment of physicians, rest, and keeping off the feet, the ulcer healed over, and she went back to work. In some two months the ulcer reappeared with such violence as to create a total disability, resulting in her giving up her occupation.

The chief argument for appellant is that under the evidence the infirmity is curable, and the disability should be held temporary in character.

Evidence tends to show, and we may say the weight of the evidence shows that by keeping off the feet, going to bed, or keeping the feet elevated, together with home treatment, and maybe hospital treatment of the varicosed veins, the ulcer will disappear, and the insured be able to do some domestic or other...