Rice Bottling Co. v. Humphreys
Decision Date | 06 November 1963 |
Citation | 17 McCanless 8,372 S.W.2d 170,213 Tenn. 8 |
Parties | , 213 Tenn. 8 RICE BOTTLING COMPANY v. Thurman HUMPHREYS, Jr., b/n/f Bernice Humphreys. |
Court | Tennessee Supreme Court |
Lewis Merryman, Elizabethton, for petitioner, Street, Banks, Merryman & Musick, Elizabethton, of counsel.
J. R. Simmonds and Harry N. Fortune, Johnson City, for respondents, Simmonds, Bowman & Herndon, Johnson City, of counsel.
This is a Workmen's Compensation case wherein the employer, Rice Bottling Company, has appealed from a decree awarding employee, Thurman Humphreys, Jr., compensation based upon a finding of forty percent permanent partial disability to the body as a whole and medical expenses.
Employee was engaged as a helper on soft drink delivery trucks, when about July 5, 1962 in the process of pulling five of these soft drink cases up some steps in a buggy he felt a pain in the lower part of his back. Employee continued working though suffering pain and two days later told his foreman of the incident. On July 30, 1962 employee while in the process of helping lift a hydraulic jack onto a truck felt a severe pain in the same region of his back. Later on the same morning while out on the delivery truck he felt something pull loose in his back and was unable to continue work. Employee was brought back to the plant and sent to the company doctor, who referred him to Dr. Howell Sherrod, an orthopedic surgeon.
Dr. Sherrod first examined employee on July 30, 1962 and felt after examination he had lumbar spine sprain advising muscle relaxants and rest. Employee return to Dr. Sherrod on August 2, 1962 and after examination he found the muscles relaxed advising employee to return to work. Employee returned to Dr. Sherrod on August 9, 1962 complaining of his back and after examination told the employee he could not find anything wrong. Dr. Sherrod examined the employee again on January 28, 1963. Upon the trial Dr. Sherrod testified he could find nothing wrong with employee's back.
On August 8, 1962 employee went to Dr. G. A. Stine, a chiropractor, who treated him up until the time of the trial February 19, 1963. Dr. Stine testified employee was totally disabled from doing the kind of work he had been doing.
Employee testified of his ability to work prior to the accident and his inability to work after the accident. He further testified in his opinion he was 100% disabled and gave a long history of pain suffered since this accident. The father, mother and wife of employee testified as to his ability to work prior to the accident, inability to work after the accident, and his numerous complaints about his back; and further to the fact many times his wife during the night had to rub his back.
Employer alleges as error there is no evidence to support the finding of the Chancellor in awarding employee forty percent permanent partial disability to the body as a whole. In the case of Ward v. North American Rayon Corporation, 211 Tenn. ----, 366 S.W.2d 134, (1963) this Court said:
Applying the rules as set out in the Ward case we think there is substantial evidence to support this finding of the Chancellor. This assignment of error is overruled.
The employer alleges error in the action of the Chancellor in allowing recovery of a $355.00 fees due Dr. Stine for medical treatment. The Chancellor found on this point as follows:
'The Court is of the opinion that the medical expenses are reasonable, and that they were necessary, and that he was not...
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