Knight v. Ford Body Co

• Decision Date: 15 June 1938
• Docket Number: No. 676.,676.
• Citation: 197 S.E. 563,214 N.C. 7
• Parties: KNIGHT. v. FORD BODY CO. et al.
• Court: North Carolina Supreme Court

214 N.C. 7

197 S.E. 563

KNIGHT.

v.FORD BODY CO. et al.

No. 676.

Supreme Court of North Carolina.

June 15, 1938.

Appeal from Superior Court, Guilford County; Frank S. Hill, Special Judge.

Proceeding under the Workmen's Compensation Act by Numa E. Knight, claimant, opposed by the Ford Body Company, employer, and others. From a judgment affirming an award of the Industrial Commission ordering resumption of compensation payments, the defendants appeal.

Judgment affirmed.

Proceeding under Workmen's Compensation Act to review award on ground of change in condition.

On October 3, 1934, while in the employ of Ford Body Company, the plaintiff received an injury to his left hand; blood poison set in; and as a consequence he lost the use of his arm from the elbow down.

Compensation was agreed upon and approved by the North Carolina Industrial Commission on November 13, 1934. Payments were accordingly made from time to time, and thereafter, on January 6, 1936, the Industrial Commission received from the interested parties an application for a lumpsum award, which was approved February 20, 1936, and payment made four days later.

On January 5, 1937, the plaintiff filed his petition for a review of the award on the ground of a change in his condition, alleging that the poison which set in from the accident of October 3, 1934, had never been completely removed from his system, and that other portions of his body had lately become involved.

The hearing Commissioner made findings which were later adopted and approved by the Full Commission. The pertinent ones follow:

"1. Under an agreement that can be found in the record compensation has been paid in this case to the 16th day of February, 1936.

"2. The defendants are contending that disability as a result of the accident terminated on or about that date. Plaintiff is contending that he has had a change of condition and that he has been totally disabled since January 1, 1937. He contends that he is suffering as a result of his accident from a disease known as Buerger's Disease.

"The record contains the testimony of several experts including Doctor Bullitt, Pathologist at the University of North Carolina.

"3. From all the evidence in the record the Commissioner finds as a fact that the plaintiff at the present time is totally disabled and that he has been totally disabled since January of 1937; that he has had a change of condition; that his condition at this time has been caused by the injury by accident suffered while employed and the Commissioner orders that compensation payments be resumed as of January 1, 1937."

From the award of the Full Commission, the defendants appealed to the Superior Court, where the award was affirmed, and from this ruling, the defendants appeal, assigning errors.

Ruark & Ruark of Raleigh, and Henderson & Henderson, of Greensboro, for appellants.

E. D. Kuykendall, Jr., and E. D. Broad-hurst, both of Greensboro, for appellee.

STACY, Chief Justice.

The last payment of compensation under the previous award was made in February, 1936, and the petition for review on ground of change in condition was filed January 5, 1937. This is within the year as contemplated by Section 46 of the Workmen's Compensation Act, Chap. 120,...