Johnson v. Fireman's Fund Indem. Co

• Court: Georgia Court of Appeals
• Writing for the Court: SUTTON, Chief
• Citation: Johnson v. Fireman's Fund Indem. Co, 53 S.E.2d 204, 79 Ga.App. 187 (Ga. App. 1949)
• Decision Date: 29 April 1949
• Docket Number: No. 32426.,32426.
• Parties: JOHNSON. v. FIREMAN'S FUND INDEMNITY CO. et al.

53 S.E.2d 204

79 Ga.App. 187

JOHNSON.

v.FIREMAN'S FUND INDEMNITY CO. et al.

No. 32426.

Court of Appeals of Georgia, Division No. 1.

April 29, 1949.

Syllabus by the Court.

1. In order for a death to be compensable to a dependent under the provisions of the Workmen's Compensation Law, it must result instantly from an accident arising out of and in the course of employment, or later result proximately therefrom; and the burden of proof is on the claimant to show that the death so resulted.

2. Findings of fact made by the State Board of Workmen's Compensation, if supported by any competent evidence, are conclusive in the absence of fraud and cannot be set aside by the courts.

3. On the review of an award by a director of the State Board of Workmen's Compensation the full board acts as a fact finding body and may reverse the award of a single director, although there be some evidence to support the finding of the director, but in reviewing an award by the full board denying compensation, the courts must affirm the award of the board if there is evidence favorable to the employer authorizing the award denying compensation.

4. The findings of fact by the board were authorized by the evidence, and the judge of the superior court did not err in affirming the award of the State Board of Workmen's Compensation denying compensation.

Error from Superior Court, Fulton County; Walter C. Hendrix, Judge.

Proceeding under the Workmen's Compensation Law by Amanda Johnson, claimant, to recover compensation for death of her deceased husband, John Johnson, em-ployee, opposed by Randall Brothers, Inc., employer, and Fireman's Fund Indemnity Co., insurance carrier. To review judgment of superior court, affirming award of State Board of Workmen's Compensation denying compensation, the claimant brings error.

Affirmed.

Amanda Johnson filed a claim for compensation with the State Board of Workmen's Compensation against Randall Brothers, Incorporated, and its insurance carrier, Fireman's Fund Indemnity Company, on account of the death of her husband, which she claimed arose out of and in the course of his employment. The deceased husband, John Johnson, was employed by Randall Brothers, and, on May 28, 1947, while engaged in the duties of his employment, was struck on the forehead over his right eye and knocked to the ground by a piece of lumber extending from the rear of a truck operated by another employee. He died on January 28 or 30, 1948, and the main issue for determination at the hearing was whether or not his death in any way resulted from the injuries received on May 28, 1947.

According to the testimony of the claimant it appears that prior to the time of the accident her husband had been active and able to work regularly, but that thereafter he complained of aches and pains in his head, could not sleep well, was unable to work regularly, and rubbed his head so much that he rubbed the hair off, and that she put hot towels on his head and rubbed him with alcohol, and that he went to bed about ten days after the accident and never did go back to the place of business of his employer, except in November, 1947, and then he could not do the work.

Dr. W. H. Durham, a witness for the claimant, testified that he saw and examined Johnson on January 25, 1948. Based on the history given to him at the time by the claimant, it was his opinion that Johnson developed a brain tumor from the blow he received, and that this caused a cerebral hemorrhage, which was one of the causes of his death. Symptoms which he observed at the time of the examination or learned from the claimant were described

as a paralysis of the left side, hemiplegia, dizziness and headaches, a stuttering and a murmur, as well as a flapping of the lips toward the affected side, when he tried to talk, and a thickness of the tongue. At the time of the examination Johnson was in a dying or semi-conscious condition. He never saw Johnson again, but signed the death certificate, which shows the date of death as January 30, 1948. According to Dr. Durham this was incorrect and should be January 28, 1948. On this death certificate the primary cause of death is shown as cerebral hemorrhage, duration three days, and the contributing cause as brain tumor, duration six months.

Charles Andrew Fuller, a witness for the claimant, testified that he worked with Johnson and that Johnson worked regularly before the accident, but not very much afterward. Willie Haynes, a witness for the claimant, testified to the same effect, and that after Johnson received the blow he complained about pain in his head.

Dr. P. L. Collinsworth, a witness for the defendants, testified that he first examined Johnson on May 29, 1947, the day after the accident. At that time Johnson gave him a history of having been hit on the forehead over the right eye with a piece of lumber. Johnson walked into his office, and complained of headaches and dizziness, but gave no history of a period of unconsciousness. Dr. Collinsworth stated that he made a thorough examination. Since Johnson showed none of the symptoms of a cranial injury of significance, he made a diagnosis of contusion of the forehead over the right eye. In his opinion the contusion would not have caused a brain tumor. He explained that, as he understood from reading, there were only twelve cases reported in medical literature in which tumor of the brain has been proven to be due to trauma. Johnson was observed after this and given anodynes for headaches. He was seen on May 31, June 3, and June 6, 1947, at which time the symptoms had appreciably receded, and Johnson was dismissed to return to work. X-ray pictures made by a technician in his office did not reveal a fracture. Johnson was next seen on August 18, 1947, by Dr. L. N. Turk, an associate of Dr. Collinsworth. On September 13, 1947, John-son came to the office again, of his own volition, and was examined by Dr. Collins-worth. At that time he complained of his feet and ankles swelling and of shortness of breath. He had a marked pitting edema of the feet, ankles, and lower third of the leg, and shortness of breath. He had rales throughout both lungs and a very irregular heart beat, and hypertension. Dr. Collins-worth gave Johnson a prescription for digitalis for his heart and chloride to produce relief for congestion, and informed him that he had a heart condition which was severe, which was not related to the injury received [in May, 1947], and suggested that Johnson contact his private physician or go to Grady Hospital. His diagnosis in September, 1947, was hypertension cardiovascular disease in a rather advanced stage, and he stated that the usual termination of a cardiac is cerebral hemorrhage, cerebral thrombosis, cerebral embolus, or simple failing of the...