Sei v. A. Guthrie & Co.

• Court: Missouri Court of Appeals
• Writing for the Court: Nipper
• Citation: Sei v. A. Guthrie & Co., 50 S.W.2d 664 (Mo. App. 1932)
• Decision Date: 07 June 1932
• Docket Number: No. 21963.,21963.
• Parties: SEI v. A. GUTHRIE & CO. et al.

50 S.W.2d 664

SEI v. A. GUTHRIE & CO. et al.

No. 21963.

St. Louis Court of Appeals. Missouri.

June 7, 1932.

Rehearing Denied June 21, 1932.

Appeal from St. Louis Circuit Court; Moses Hartmann, Judge.

"Not to be officially published."

Proceeding under the Workmen's Compensation Act by W. Sei, claimant, opposed by A. Guthrie & Company, employer, and Liberty Mutual Insurance Company, insurer. From order of circuit court affirming award of Workmen's Compensation Commission, employer and insurer appeal.

Reversed and remanded, with directions.

Woodward & Evans, of St. Louis, for appellants.

Hall & Dame, of St. Louis, for respondent.

NIPPER, J.

This is an appeal from the judgment of the circuit court affirming an award of the Workmen's Compensation Commission. The award was based upon section 3340, Revised Statutes of Missouri, 1929, and awarded compensation to the employee on account of an alleged change in his condition since the rendition of a former final award in his favor.

The claimant was injured on August 11, 1928, as a result of an iron rod falling and striking him on the head and shoulders. As a result of this accident he sustained a fractured skull and numerous bruises and injuries about his head and shoulders. There is no dispute about the fact that he sustained an accidental injury arising out of and in the course of his employment, and the employer, through its insurer, provided the necessary medical attention, and paid compensation.

On February 25, 1929, claimant filed his claim for additional compensation. A hearing was had on September 4, 1929, at which time testimony was introduced by both sides.

The employee testified that he was injured on August 11, 1928, as heretofore stated, while he was engaged in making a concrete sewer, and that his injuries resulted from the fall of an iron rod, which struck him on the head and shoulders. He was temporarily dazed, and was taken immediately to the office of Dr. Webb, who sewed up the cut in his head and sent him to St. Mary's Hospital. He remained in this hospital for a short time, and then re-entered another hospital, where he was placed under the care of Dr. Carroll Smith. He testified that he had been unable to do any work since the date of the accident, and at the time of the hearing was growing weaker and suffered from dizziness, headaches, pressure in his head, and a jerking in his throat which caused him to vomit.

Dr. Smith testified that he first saw the claimant on August 16, 1928, and commenced to treat him on October 2, 1928, and from that time he was under the doctor's care, until February 2, 1929. This doctor also made an examination on September 3, 1929, a day before the hearing. When the claimant was first examined, he was found to be suffering from laceration of the scalp, a fractured skull, and a bruise on the left arm just below the shoulder joint. The care and treatment given him between October, 1928, and February, 1929, was mostly systematic treatment. The claimant complained of dizziness, darkness before his eyes, pressure about his temples and the back of his head, numbness about the feet and arms, and general weakness. There was no evidence of organic brain injury, and on February 2, 1929, there was no evidence of any physical injury. At this time claimant was suffering from psychoneurosis. At the examination on September 3, 1929, claimant complained of tightness in his chest and inability to talk well. He said that he would choke up in his throat and have dizzy spells and at times would shake all over. He again complained of weakness, pressure on the side of his head, and difficulty in swallowing. There was no sign of injury, but some increased activity in the reflexes. The same diagnosis of psychoneurosis was made. After this examination, Dr. Smith's opinion was that, if the claimant had engaged in some light form of work, his condition would have been normal at the time of the hearing.

Dr. Unterberg stated that he examined the claimant on January 22, 1929. He said claimant then complained of pressure on the top of his head and of pain in his head, which moved over to his eyes, and stated that he was growing weaker, and that his arms and legs were numb; that when he walked for any distance he became nauseated and sometimes vomited; that it was necessary for him to go through peculiar movements with his mouth and throat in order to swallow. The reflexes were normal, with the exception of some tremor of the eyelids, lips, and tongue. The claimant was very emotional, but not suffering from any organic injury. This doctor stated he was suffering from psychoneurosis, with emotional instability, but this was not permanent, and should be cured with proper treatment and a settlement of any claims he might have.

As a result of this hearing on the 11th of September, 1929, the referee entered an award and gave the employee fifty-five weeks of temporary total disability. About twenty-seven weeks had been paid. There was a finding of fact made by the referee, in which he stated there was no permanent injury and no probable future disability. No appeal was taken from this final award, and the compensation was paid by the employer.

On December 12, 1930, claimant filed an application for a rehearing on review under the provisions of the section of the statute heretofore referred to. The application stated that it was filed on account of a change in condition in that claimant's former temporary disability had become a permanent injury and disability. The application also stated that his total disability had extended continuously to the date of the filing of the application. A hearing was held on this application on January 16, 1931. At this hearing the claimant testified that he had been unable to work since the date of his injury and was suffering from headaches and dizziness; that the dizziness and pain in his head was continuous. He stated he had been under the care of Dr. Lamb. His testimony revealed at this hearing that he was suffering from practically the same symptoms that had existed prior to August 31, 1929.

Dr. Lamb testified that he began treating the claimant some time in October or November, 1929; that the treatment consisted of nerve sedatives and medicine for his stomach. He saw him once or twice...