Millwood v. Mills, 529.

• Decision Date: 03 May 1939
• Docket Number: No. 529.,529.
• Citation: 2 S.E.2d. 560,215 N.C. 519
• Court: North Carolina Supreme Court
• Parties: MILLWOOD. v. FIRESTONE COTTON MILLS et al.

2 S.E.2d. 560

215 N.C. 519

MILLWOOD.

v.FIRESTONE COTTON MILLS et al.

No. 529.

Supreme Court of North Carolina.

May 3, 1939.

Appeal from Superior Court, Gaston County; Allen H. Gwyn, Judge.en's Compensation Act by Ruth Mill

Proceeding under the Workmwood, employee, opposed by the Firestone Cotton Mills, employer, and the Liberty Mutual Insurance Company, insurance carrier. From a judgment affirming an award denying their petition for termination of liability for expense of further medical and hospital treatment, the employer and insurance carrier appeal.

Reversed.

Proceeding under the North Carolina Workmen's Compensation Act in which defendants petition for termination of their liability for expense of further medical and hospital treatment. P.L. 1929, Chapter 120, Sec. 25, as amended by P.L.1931, Chapter 274, Sec. 4.

The claimant, Ruth Millwood, sustained an injury by accident arising out of and in the course of her employment by defendant, Firestone Cotton Mills Company, when on February 21, 1936, she was stricken on the head by a flying broken belt.

On March 3, 1936, she entered into an agreement with the defendants for compensation at the rate of $7.20 per week, beginning February 28, 1936, for the number of weeks required for partial or total disability as the case might be (Sections 29 and 30 of the Act). The agreement was duly approved by the North Carolina Industrial Commission as required by the act.

After being treated by physicians in Gastonia, she was taken to and entered in the Charlotte Sanatorium in the city of Charlotte, N. C, where she was treated by and under the supervision of Dr. R. F. Leinbach. While there she developed serious mental disorder. Having there "nothing furtherto offer her in way of treatment", she was removed to Broadoaks Sanatorium, in Morganton, N. C, a private institution for the treatment of mental diseases, of which Dr. James W. Vernon is superintendent. She remained there until July 1, 1938, when by order of the North Carolina Industrial Commission she was transferred to the State Hospital at Morganton, N. C.

On February 14, 1938, defendants petitioned the North Carolina Industrial Commission for relief from liability for the expense of further medical and hospital treatment on the ground that they had furnished such treatment for the length of time required by the Workmen's Compensation Act, and for that unless further treatment would "tend to lessen the period of disability" they are not liable for the expense thereof.

The petition came on regularly for hearing at Gastonia, N. C, on March 23, 1938, before Commissioner J. Dewey Dorsett. By agreement, written reports of Dr. Crispell, neurologist and psychiatrist of Duke Hospital, who had examined her both while she was in Charlotte Sanatorium and while in Broadoaks, and Drs. Leinbach and Vernon were admitted as a part of the record. In addition, Drs. Leinbach and Vernon testified in person.

Thereupon Commissioner Dorsett, after stating contention of defendants, and referring to the reports of the three distinguished doctors, states: "From the evidence the Commission finds as a fact that the plaintiff is unable to earn any wages. She is totally disabled. And we further find as a fact that the plaintiff is unable to look after herself. She is in need of custodial care".

Thereupon on March 30, 1938, the North Carolina Industrial Commission made an award as follows: "Upon the finding that plaintiff sustained an injury by accident arising out of and in the course of her employment, resulting in permanent total disability; that plaintiff for some time has been in an institution for the treatment of mental diseases in Morganton; that plaintiff is unable to look after herself and is in need of custodial care: Defendants will continue to furnish plaintiff the proper hospital, custodial and medical treatment needed."

Upon appeal by defendants thereto, the Full Commission made these, among other, findings of fact and conclusions: "The plaintiff is now suffering from dementia praecox. * * * The facts are fully set forth in the able opinion of Commissioner Dorsett * * * The evidence in this case tends to show, according to medical experts, that the plaintiff is now suffering from an incurable mental condition. At the same time the medical evidence tends to establish the necessity of some kind of care at all times. Therefore, the Commission feels that it is contrary to public policy to require that the State bear the expense of maintaining the plaintiff who suffered an injury in industry".

The Commission also finds as a fact that it is for the best interests of all parties concerned, including the plaintiff herself, that she be transferred from the private sanatorium to the public hospital at Morgan-ton, and approved previous informal order to that effect.

Then the Full Commission affirmed the findings of fact, conclusions of law and the award of the Hearing Commissioner, except with respect to treatment at private sanatorium, and ordered that defendants be responsible for such cost as is charged by the public hospital for private patients from and after July 1, 1938. An award, denying petition of defendants issued from which defendants appeal to the Superior Court, and assigned error.

At the January Term, 1939, it appearing that no specific finding of fact had been made that additional hospitalization and treatment would tend to lessen the period of disability, the presiding judge remanded the cause to the North Carolina Industrial Commission to the end and with direction that specific finding of fact be made on that question.

Pursuant thereto, the North Carolina Industrial Commission, without hearing further evidence, entered a decree in which these recitals appear: "The Commission finds as a fact that additional hospitalization and treatment would tend to lessen the period of disability of the plaintiff, Ruth Millwood * * * In all other respects the findings of fact, conclusions of law and the award of the individual commissioner, and the original findings of fact, conclusions of law and the award of the Full Commission are herein affirmed". Supplemental award issued thereupon. Defendants excepting to the finding "that additional hospitalization and treatment would tend to lessen the period of disability of plain-tiff" appealed from the award to the Supc-rior Court. Judgment was there entered sustaining the findings, order and award of the Commission.

Defendants appeal to Supreme Court and assign error.

J. Laurence Jones and J. L. DeLaney, both of Charlotte, for appellants.

C. B. McRorie, of Rutherfordton, for appellee.

WINBORNE, Justice.

On this record is there sufficient competent evidence to support the finding that "additional hospitalization and treatment will tend to lessen the period of disability of the claimant"? If not, when the North Carolina Industrial Commission finds that the claimant is permanently totally disabled as result of injury by accident arising out of and in the course of her employment may it in its discretion award medical, surgical, hospital or other treatment for an additional period of time?

Consideration of pertinent sections of the North Carolina Workmen's Compensation Act under proper construction points to negative answers to these determinative...