Williams v. Thompson

• Decision Date: 21 December 1932
• Docket Number: 272-D.
• Parties: WILLIAMS v. THOMPSON et al.
• Court: North Carolina Supreme Court

166 S.E. 906

203 N.C. 717

WILLIAMS v. THOMPSON et al.

No. 272-D.

Supreme Court of North Carolina

December 21, 1932

Appeal from Superior Court, Wake County; Sinclair, Judge.

Proceeding under the Workmen's Compensation Act by Melvin Williams employee, opposed by J. Marvin Thompson, employer, and the National Casualty Company, insurer. From an adverse judgment which affirmed the judgment of the Industrial Commission employer and insurer appeal.

Affirmed.

This is a proceeding begun and prosecuted before the North Carolina Industrial Commission for compensation under the provisions of the North Carolina Workmen's Compensation Act (Pub Acts 1929, c. 120) for injuries suffered by the plaintiff on July 4, 1929.

At a hearing before the full commission on May 30, 1930, the findings of fact and conclusions of law made by Commissioner Wilson at a hearing before him on November 9, 1929, were adopted and approved. An award was thereupon made by the full commission in words as follows: "That the defendants pay to the plaintiff compensation for total disability from July 12th to September 5, 1929, inclusive, at the rate of $9.90 per week; that the defendants pay to the plaintiff compensation for a period of one hundred (100) weeks at the rate of $9.90 per week for total loss of right eye, payments to begin on September 6, 1929; that the defendants pay to the plaintiff compensation for partial loss of vision of left eye, at the rate of $9.90 per week for period beginning upon expiration of one hundred (100) week period above referred to, for such time as the percentage of loss of vision of plaintiff's left eye bears to the total of one hundred (100) weeks, the percentage to be determined by a specialist to be named by the Commission."

The defendants appealed from this award to the superior court of Wake county. This appeal was heard at February term, 1931, of said court. The award of the Industrial Commission was affirmed by Moore, Special Judge, presiding at said term. The defendants appealed from the judgment of the superior court affirming the award of the Industrial Commission, to the Supreme Court. This appeal was heard at spring term, 1931, of the Supreme Court. The judgment of the superior court was affirmed on March 18, 1931. 200 N.C. 463, 157 S.E. 430.

After the judgment of the Supreme Court had been certified to the superior court of Wake county, the Industrial Commission, on the report of Dr. Gibson, the specialist named by said commission as provided in its award dated May 30, 1930, made a final award in this proceeding. This award is dated April 24, 1931, and is in words as follows: "The defendants will pay to the plaintiff compensation for temporary total disability from July 12 to September 5, 1929, inclusive, at the rate of $9.90 per week, and in addition thereto, the defendants shall pay to the plaintiff compensation at the same rate for a period of one hundred (100) weeks, for total loss of the right eye, and pay compensation at the same rate for thirty six (36) weeks, for thirty six per cent (36%) loss of vision in the left eye as found by Dr. Gibson in his report to the Commission dated March 21, 1931."

On April 29, 1931, the plaintiff caused notices to be served on the defendants and on the Industrial Commission that he would apply to said commission for a review of its award dated April 24, 1931, and for an increase in the amount of compensation to be paid him by defendants, because of a change in his condition. This application was duly made.

Plaintiff's application for review was heard by Commissioner Wilson on August 3, 1931. Upon the facts found by him, and in accordance with his conclusions of law, Commissioner Wilson made an award on August 8, 1931, which was reported to the full commission, and certified by the full commission to the parties to the proceeding, on September 2, 1931. This award was in words as follows: "Upon the finding that the plaintiff is industrially blind and permanently totally disabled, the award of April 24, 1931, is vacated, and set aside, and the defendants will pay to plaintiff compensation at the rate of $9.90 per week from July 11, 1929, for a period of four hundred (400) weeks, credit allowed for payments made. Defendants will pay costs of medical and hospital treatment. Defendants to pay costs of hearing."

The award was affirmed by the full commission, at a hearing held on September 15, 1932, and defendants appealed to the superior court of Wake county. This appeal was heard by Sinclair, J., at September term, 1932, of said court. At said hearing, it was ordered and adjudged "that the judgment rendered by the North...